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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 12/12/2011 ECDC Minutes December 12, 2011 Page 1 of 3 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 13th, 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 Q’s Wellness Center, 6624 S 196th 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. 138th 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 13th it would take effect January 13th (30 days after passage). The current moratorium expires January 5th. If the extension passes December 13th the Council has the authority to lift the moratorium on January 17th. If the moratorium fails, affective January 5th, 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 unregulat ed activity and a burden for the city. The Council can vote to extend the moratorium on either December 13th or January 3rd. 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 Page 2 of 3 3. Medical Cannabis Collective Gardens Zoning Regulations Ordinance [ZCA-2011-2] 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 [ZCA-2011-3] 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 28 th 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 Page 3 of 3 5. 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 1st 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 Adjournment Committee Chair Perry adjourned the meeting at 7:30 p.m. ______________________________________ Pamela Mottram, Secretary Economic & Community Development Committee P:\Planning\ECDC\2011\Minutes\12-12-11_MinWkhEditsIncorporated.doc