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ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
DECEMBER 12, 2011
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger.
Perry called the meeting to order at 5:30 p.m.
1. Approval of Minutes
Councilmember Albertson Moved and Councilmember Ranniger Seconded a Motion to
approve the November 14, 2011 Minutes. Motion PASSED 3-0.
2. Public Hearing: Medical Cannabis Moratorium Six Month Extension
Assistant City Attorney David Galazin spoke about liabilities the city could incur as a
municipality with regard to regulating medical cannabis. He addressed options the city could
consider for regulating medical cannabis collective gardens, stating that the time needed to
consider zoning options would require a six-month extension of the moratorium.
Galazin stated that if City Council does not extend the moratorium on December 131h, there will
be a lag between the time when the current moratorium expires and the date on which any
new zoning ordinance regarding medical cannabis collective gardens would take[s] effect.
During this lag, the possibility exists for collective gardens to establish themselves and then
claim a legal nonconforming status even if the zoning ordinance eventually adopted by the city
would not permit them at that location. Galazin stated that the ordinance speaks specifically to
the regulating of medical cannabis collective gardens and does not apply to single patients or
single designated providers. Galazin stated that city council can terminate the moratorium at
any time.
Councilmember Perry Opened the Public Hearing.
Jessica King, Suzie 0's Wellness Center, 6624 S 1961h St, Suite U-101, Kent, WA stated that
individuals should have the choice to use whatever garden they wish at will. She stated that
the City should put a kibosh on the moratorium and get some action going so that medical
marijuana patients are not delayed in receiving their medication.
Scott Goggin, 2814 S. 1381h St., Kent, WA spoke in opposition to extension of the moratorium.
He stated that imposing an extension would be problematic for patients and could result in
those people resorting to illegal means to obtain their medication.
Councilmember Ranniger MOVED and Councilmember Albertson SECONDED a Motion
to close the public hearing. Motion PASSED 3-0. Councilmember Perry declared the public
hearing closed.
City Attorney Tom Brubaker stated that if the zoning ordinance is adopted December 131h it
would take effect January 131h (30 days after passage). The current moratorium expires
January 51h. If the extension passes December 131h the Council has the authority to lift the
moratorium on January 171h. If the moratorium fails, affective January 51h, anyone currently
operating or starting a business prior to the passage of zoning regulations is in an unregulated
environment, can open their business anywhere in Kent, and could argue that they are a legal
nonconforming use. Brubaker stated that a gap between the lapse of the moratorium and the
enactment of zoning would create a period of unregulated activity and a burden for the city.
The Council can vote to extend the moratorium on either December 131h or January 3r'
Councilmember Albertson Moved and Councilmember Ranniger Seconded a Motion to
move the medical cannabis 6-month moratorium extension forward to City Council
without a recommendation. Motion PASSED 3-0.
ECDC Minutes
December 12,2011
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3. Medical Cannabis Collective Gardens Zoning Regulations Ordinance rZCA-2011-21
Planner Katie Graves stated that staff prepared this ordinance as recommended by the
committee. The ordinance allows collective gardens in CM1, CM2, M1, M1C, M2, M3, GC, and
GCMU. Collective gardens must set back at least 750 feet from a private or public school and
are limited to one garden per tax parcel. Collective gardens have been defined the same as
the Revised Code of Washington.
Galazin explained that Federal Preemption could occur in this situation where there is a conflict
between state and federal regulations.
At the request of Councilmember Albertson, Galazin discussed the concept of an Affirmative
Defense in general terms, as state law does not legalize the possession or use of marijuana,
but rather allows its medical use to be raised as a defense to prosecution in certain limited
circumstances. He then discussed one type of structured, permissive scheme which some
jurisdictions have implemented to obtain a high degree of regulatory control which conflicts
with the Federal Government's approach within the context of the Controlled Substances Act
(CSA).
Galazin stated that the ordinance drafted at the Committee's direction includes a usage table
amending 15.04.090 under service land uses [and] that specifically identifies zones where
collective gardens are permitted. The ordinance does not set up a system where the
regulatory powers of the city would be heavily involved and where [the federal government
has clearly stated these uses are not allowable] there is a high likelihood of conflict with
federal regulation. In an effort to reduce the risk of federal preemption, however, Galazin
submitted an amended ordinance to the Committee that identifies only the zones where
collective gardens are [restricted] prohibited rather than showing where they are permitted.
Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to
recommend adoption of the amended ordinance presented by staff this evening on
the proposed Medical Cannabis Collective Gardens Zoning Regulations Ordinance
[ZCA-2011-2] and to send it to City Council. Motion PASSED 2-1 with Councilmember
Ranniger Opposed.
4. Kent City Code (KCC) 12.04 Code Amendments Ordinance rZCA-2011-31
Graves presented amendments to KCC Title 12.04.117, .210, .221, .227 and .263 as
recommended by the Land Use and Planning Board at their November 281h public hearing. She
stated that these amendments include items that clarify what constitutes a major versus a
minor code amendment, streamlines the permit process, and provides consistency with state
laws and regulations.
Satterstrom responded to questions raised by the council members with respect to Single
Family Residential/8 units per acre development regulations and clustered subdivisions within
urban separators.
Satterstrom said that KCC Section 12.04.221 deals with plat expiration for preliminary
subdivisions (plats of 10 or more lots). The ordinance updates Kent's Subdivision Code by
adopting the State's 2010 legislative action to increase plat extensions to 7 years. Satterstrom
explained that the ordinance retained administrative approval for plat extensions.
Councilmember Perry proposed to table this item to the January 9, 2012 meeting to allow staff
time to develop specific language to; clarify what a minor and major alteration is, identify how
management will grant extensions, specify the number of extensions to be allowed, address
vesting, and includes requirements for submitting a written request. Satterstrom stated that
KCC grants preliminary plat extensions indefinitely in one year increments.
Councilmember Perry TABLED the Kent City Code (KCC) 12.04 Code Amendments
Ordinance [ZCA-2011-3] to the January 9, 2012 ECDC meeting asking staff to further
evaluate the Committee's requests.
ECDC Minutes
December 12,2011
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S. Communities Putting Prevention to Work (CPPW) Healthy Food Systems
Planning Manager Charlene Anderson stated that the City received grant dollars through Public
Health of Seattle/King County and CPPW. The grant is administered by Kent's Parks, Planning
and Development Division with the majority being spent on efforts towards a trails plan. There
is a component related to city-wide procurement policy encouraging healthy food at city
catering events and public facilities. For Planning the component is related to land use policies
that impact access to healthy food. Staff created a matrix of what our existing policies and
regulations state and looked at some considerations for farmers markets, additional temporary
uses, and what the City could do on agricultural lands. The draft policies were reviewed by the
LUPB and suggest prioritizing permit timelines, providing technical economic development
assistance, and media coverage for a web site. These policies will eventually move forward as
part of the update to the Comprehensive Plan on June 13, 2015.
Informational Only
6. Economic Development Report
Economic Development Manager Kurt Hanson reported on the Boeing Contract for production
at the 737 plant in Renton. The number of Kent manufacturing businesses supplying products
for the 737 contract has increased from 42 to 55 suppliers increasing the manufacturing
employee base to 3,000 people. Hanson stated that Cascade Gasket company has hired over
40 employees within the last 3 months as a result of their tie-in to the Boeing Contract.
Hanson reported that the Great Wall Mall sold December I" and that the Starbucks-owned
Tazo Tea group will relocate approximately 40 people to the Kent Roasting Plant facility.
Hanson reported on the Bisnow Multifamily Summit Conference he attended along with
approximately 250-300 developers and investors in Seattle. There were five panelists
representing some of the larger multifamily investors/developers on the west coast of which
George Pietre with Goodman Real Estate was one. Pietre noted that Kent was a good location
for future investment with its Transit Oriented Development potential, and with the creation of
Kent Station. Hanson updated the Committee that he is optimistic that springtime should find
the Goodman team working through the permit process on the Kent City Center project.
Informational Only
Adiournment
Committee Chair Perry adjourned the meeting at 7:30 p.m.
Pamela Mottram, Secretary
Economic & Community Development Committee
PIAPlanningAECDQ2011VMinutes\12-12-11_MlnWkhEdl G1ncorpoated.doc
ECDC Minutes
December 12,2011
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