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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/23/2014 (3) 1 � LAND USE & PLANNING BOARD O T MINUTES wns HiNcro n.. MAY 27, 2014 Land Use & Plannina Board Members: Chair Jack Ottini, Vice Chair Barbara Phillips, Frank Cornelius, Navdeep Gill, Alan Gray, Katherine Jones, and Randall Smith. Ottini called the meeting to order at 7:00 pm. City Staff: Planning Director Fred Satterstrom; Gloria Gould-Wessen, AICP, Planner 3. Approval of Minutes Board member Gray Moved and Board member Phillips Seconded a Motion to Approve the August 12, 2013 Minutes initially presented to the Board at the February 10, 2014 Workshop. Motion CARRIED 7-0. 4. Added Items - None S. Communications - None 6. Notice of Upcoming Meetings - None 7. Public Hearing ZCA-2014-1 Kent Downtown Design Review Code Amendment & Kent Design Guidelines Update Planner Gloria Gould-Wessen stated that updates to the Kent Downtown Design Guidelines (DDG) are primarily organizational in nature. She stated that an Addendum to the Downtown Subarea Action Plan (DSAP) Planned Action Supplemental EIS was issued. Staff conducted public outreach, involved the Kent Downtown Partnership, reached out to those parties who had been part of the DSAP update process, of which 32 people from that inquiry asked to be included as parties of record, then publishing notice of the hearing and notifying those parties of the hearing. Wessen referred to the power point presentation, describing the project objectives, revisions to Kent City Code Section 15.09.046 Downtown Design Review, noting that the DCE-T, GC- MU, and MRT-16 designation will be added to where the DDG's will be applied. Changes to the DDGs included; consolidating the guidelines - removing about 20 percent of the text, revising for brevity and consistency, incorporating DSAP Planning Principles as part of the DDG goals, revising the Pedestrian Plan Overlay map, strengthening the guidelines to recognize relationship of new development on adjacent uses, reinforcing multimodal transportation options, simplifying lighting guidelines with an emphasis on safety, and including revisions to protect the historic character of the Historic District. Board Member Ottini Moved and Board Member Gray Seconded a Motion to Open the Public Hearing. Motion Carried. Seeing no speakers, Ottini declared the public hearing closed. Upon concluding deliberations, Board Member ]ones Moved and Board Member Cornelius Seconded a Motion recommending to the City Council approval of the Downtown Design Review Code Amendment and Kent Downtown Design Guidelines Update as depicted in Attachment A and B as recommended by staff. Motion Passed 7-0. Adiournment Ottini adjourned the meeting at 7:50 pm Charlene Anderson, AICP, Planning Manager/Board Secretary 2 3 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager wAs�, ��.o� Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 June 16, 2014 TO: Chair Jack Ottini and Land Use & Planning Board Members FROM: Katie Graves, Planner; David Galazin, Assistant City Attorney RE: Recreational Marijuana Zoning ZCA-2014-2 For the June 23, 2014 Public Hearing MOTION: Recommend to the City Council OPTION _ for recreational marijuana production land uses by businesses validly-licensed by the Washington State Liquor Control Board. Recommend to the City Council OPTION _ for recreational marijuana processing land uses by businesses validly-licensed by the Washington State Liquor Control Board. Recommend to the City Council OPTION _ for recreational marijuana retail land uses by businesses validly-licensed by the Washington State Liquor Control Board. BACKGROUND: On November 6, 2012, the voters of Washington approved Initiative No. 502 ("I-502"), which allows for limited production, processing and retail sale of marijuana and marijuana-infused products, 1 subject to oversight by the state Liquor Control Board ("LCB") and certain administrative rules it was required to adopt in order to implement such a system. The Kent City Council adopted a six- month moratorium prohibiting recreational marijuana businesses from locating within the city of Kent through passage of Ordinance No. 4094, which took effect on November 27, 2013. That moratorium was further extended for another six months through passage of Ordinance No. 4109. The recitals to these ordinances clearly spell out the problems with allowing such businesses to operate within the city of Kent: namely that any and all uses of marijuana, whether personally or as a business venture, remain violations of the federal Controlled Substances Act ("CSA"), 26 USC §§ 801 et seq., and the land use impacts of marijuana-based business were too new for there to be enough reliable data upon which to base reasonable land-use regulations. 'This was modified on by passage of Engrossed Substitute House Bill 2034, which took effect on June 12, 2014, to allow for the processing and sale of"marijuana concentrates" as well, which refers to oils and other similar extracts. MEMORANDUM: 4 Land Use and Planning Board Hearing June 23, 2014 Page 2 The federal government has not abdicated any of its authority to enforce the CSA, but in a series of position statements, first regarding medical marijuana and then regarding recreational marijuana, the US Department of Justice has issued guidance memoranda to federal prosecutors on the use of prosecutorial discretion in states where marijuana was first decriminalized then where it was affirmatively legalized through voter initiative (such as I-502). The "Ogden Memo" and the "Cole Memo", dated October 19, 2009, and June 29, 2011, dealt solely with "medical" marijuana. Deputy US Attorney James Cole has subsequently issued two memoranda regarding "legal" marijuana, the first on August 29, 2013 and the second on February 14, 2014, indicating that the federal government is not going to make an affirmative effort to block I-502 at this time, so long as the State and local jurisdictions implement a "robust system" that contains "strong and effective regulatory and enforcement system" to control the legal marijuana market in line with eight specifically-identified federal priorities. The city bears some responsibility to see that this is carried out. I-502 contained no mention of zoning, nor did it contemplate where marijuana businesses should be located were they to receive a license from the LCB to operate. In response to a request from LCB Chair Sharon Foster, the Washington State Office of the Attorney General issued AGO 2014 No. 2, affirming that cities such as Kent derive their power to regulate and zone for businesses within their jurisdiction under the Washington State Constitution, not state statute, and while the state legislature can restrict this power in certain instances, I-502 contained no language that removed the preexisting authority of cities to adopt ordinances that regulate businesses if the regulations promote public health, safety or welfare, and bear a reasonable and substantial relation to those purposes. This is what is typically referred to as the local "police power' of a city, and zoning falls squarely within this category. While the police power must be exercised with this in mind, the AG's Opinion made it very clear that I-502 does not preempt a city from completely banning licensed marijuana producers, processors or retailers within city limits. I-502 absolutely prohibits the Board from issuing a license for any marijuana-based business that seeks to locate within a thousand feet of: • Elementary or secondary schools • Playgrounds • Recreation centers or facilities • Child care centers • Public parks • Public transit centers • Libraries • Game arcades (where admission is not restricted to people age 21 or older) I-502 was codified mostly within Chapter 69.50 RCW. The LCB adopted administrative rules that are housed within Chapter 314-55 WAC. Certain portions of these statutes and rules deal with eligibility to apply for a license, certain security requirements, reasons why the LCB may reject a license application or an application renewal, or revoke an existing license. These laws and rules cover a lot of requirements that have nothing to do with the proper zoning district for a given MEMORANDUM: 5 Land Use and Planning Board Hearing June 23, 2014 Page 3 type of marijuana-based business. Importantly, however, WAC 314-55-020(11) states: "The issuance or approval of a license [by the LCB] shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements." (Emphasis added.) The laws and rules that a marijuana-based business must follow in order to obtain and maintain a license from the LCB are numerous and detailed, and have been provided to you and discussed at previous workshops. The Land Use and Planning Board's role is not to dissect or critique these requirements, though it is important that you, as Board members, understand them; nor is it the Board's role to decide whether personal use of marijuana is ethically or morally proper or whether such uses should be allowed in the city of Kent as a larger policy decision. The Kent City Council seeks a recommendation from the Board, having gone through the potential and reasonably foreseeable impacts of recreational marijuana business and having examined the goals and policies of the city's different land use zoning districts, as to where, if at all, such business should be located if the City Council chooses to allow such businesses to operate in the city of Kent. It is important to remember that identifying and recommending a particular zone for a particular use is no guarantee that any such business will ever actually open there. Landlords, in particular, may be wary of renting space to a marijuana-based business, even one holding a valid license from the LCB, because that property would then be subject to forfeiture by the federal government under the CSA. The policy memoranda issued by James Cole are just that — policy statements — and they are subject to change or revocation with little or no advance warning. Likewise, any lawful business permitted in a particular zone may be shut down if it is operated in a manner that constitutes a nuisance. This would be no different for a validly-licensed marijuana retailer than it would for a validly-licensed liquor store. Finally, any vote of the Board will have no bearing on personal consumption of marijuana within the city of Kent, whether legally-obtained or not. Such personal use is beyond the scope of the Board's action regarding this matter. The land use impacts associated with state licensed production, processing and retail sale of marijuana have not been definitively established, but do have potential impacts that need to be taken into consideration. Here is a recap of potential impacts of recreation marijuana production, processing, and retail facilities that have been discussed at the workshops: 1) Odors. Marijuana production and processing may create odors that can be detectable to the surrounding area, whether it be a tenant space next door, or an adjacent property or sidewalk. 2) Safety. Some safety concerns may be warranted, since processors start with raw materials and use solvents, chemicals, gases, and other compounds to extract oils and create and process marijuana infused products. MEMORANDUM: 6 Land Use and Planning Board Hearing June 23, 2014 Page 4 3) Crime. It is unknown at this time how these retail facilities may impact crime rates; however, despite recent federal financial guidance, marijuana retail shops are likely to remain cash-only businesses for the foreseeable future, and will contain easily-transportable products that will be in high demand. There is an obvious concern that this combination may invite more crime at these locations. Kent Police has prepared crime rate maps that show where the concentration of crime in Kent has occurred in the past year; specifically vehicle prowls, vehicle theft, recovery of stolen vehicles, robberies, rapes, residential burglaries, and commercial burglaries (see ATTACHMENT 2 for maps) 4) Impacts to surrounding land uses. As noted above, the WSLCB has through its rules passed this fall, prohibited marijuana uses from being within 1000' of the following uses (See ATTACHMENT 1 for map that demonstrates these buffers in Kent): -Elementary and secondary schools -Playground -Recreational center of facility-Child care center -Public park -Public transit center -Library -Game arcade (where admission is not restricted to persons age 21 or older) Neither I-502 nor the rules adopted by the WSLCB address the proper location within a city for state licensed production, processing or retail sales facilities, other than these buffer restrictions. Through State Environmental Policy Act (SEPA), the proposed amendment options were determined not to have a significant, adverse environmental impact, and a Determination of Nonsignificance was issued on June 6, 2014. Please see attached SEPA checklist, decision document, and Determination of Nonsignificance (see ATTACHMENTS 3, 4, and 5). With all that in mind, staff has prepared certain options and staff recommendations as set forth herein. It is also anticipated that definitions for recreational marijuana production, processing, and retail will be adopted into the zoning code by reference to the applicable provisions of the RCW. MEMORANDUM: 7 Land Use and Planning Board Hearing June 23, 2014 Page 5 OPTIONS: The City of Kent has the ability to determine the appropriate uses of land through its zoning authority, including the ability to ban recreational marijuana uses. Each recreational marijuana use (production, processing, and retail) can be considered and zoned for separately. Should the decision be to allow recreational marijuana facilities, several options have been prepared by staff, along with preliminary staff recommendations. These options address the three types of marijuana business use (i.e., production, processing, and retail) separately and are outlined below: Production: WAC 314-55-075: "A marijuana producer license allows the licensee to produce marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in nonrigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314-55-083. Option A: do not allow marijuana production in any zoning district Option B: allow marijuana production only in M3 General Industrial District Kent City Code 15.03.010: "The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development ...' � MEMORANDUM: Land Use and Planning Board Hearing June 23/ 2014 Page &N3 Zoning District [N3 Zoning District Kent City um/o Kent City um/* , �� MEMORANDUM: 9 Land Use and Planning Board Hearing June 23, 2014 Page 7 Option C: allow marijuana production in the same zoning districts as an existing use in the zoning code: "Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2, M1, M1-C, M2, M3, GWC M1,Industrial Perk M1.C,Industrial Park/Commeicial M2 Limited Industrial 1� r M3.General Intlustrial CM.1,Commercial Manufacturing I CM-2,Commercial Manufacturing II GWC,Gateway Commercial j tea` st96St— Kent City Limits / y F/111 Liquor Control Board 1,000 R euflers E Pt % is N r / gUS / J a' rn j '/jaAa S Sze st / j///� in In a m 7�� W James Stv// <� amen St- AW,Sm1th 6[ //�� / //i'W Meeker st ✓✓%//�r �/ r /�� / u����/ /!� /T" S Kent Des Momes Rd 2oa P1 s //i /,ai l b I , w`% A `fir Q� /. N �G / S L 1 O art S 27+^7,St— � — ,�meamv�ecmxvat to MEMORANDUM: 10 Land Use and Planning Board Hearing June 23, 2014 Page 8 Option D: allow marijuana production in the similar zoning districts as an existing agricultural use in the zoning code: "Agricultural uses such as planting and harvesting of crops, animal husbandry (including wholesale nurseries and greenhouses)": A-10, AG, MA (exclude SR-1 from this use) r r f s 228 sr cur r; r � Vetetanb Dr r ' w n '1 'rr rr w Jamey St r i �, r f r , I/ AG A rwalllvf aCf enexal F MA IndLSlflal Agnicullural i W Kano rrt%�s P „�CiLiquoruar Control rdl FYp®rd 1.UL70 Ft N3uMars MEMORANDUM: 11 Land Use and Planning Board Hearing June 23, 2014 Page 9 Processing: WAC 314-55-077: "A marijuana processor license allows the licensee to process, package, and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers." Option A: do not allow marijuana processing in any zoning district Option B: allow marijuana processing only in M3 General Industrial District Kent City Code 15.03.010 definition of M3: "The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development..." M3 Zoning District. M3 Zoning District aWl � xD 0 p it c d s,m r 1 � CM 1 y KomY dly Lim ds Cquor COnlNl BgaiH 1,0D0 Ft Bullprs �"'LL „, ©Lq r Control Board t,000 Ft BuNers MEMORANDUM: 12 Land Use and Planning Board Hearing June 23, 2014 Page 10 Option I allow marijuana processing in the same zoning districts as an existing use in the zoning code: "Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, M1, M1-C, M2, M3, i I Industrial Park 9/ M1-O.Industrial Park/Commercial J M2,Limited Industrial y M3,General Industrial Cl Commercial Manufacturing I Cl Commercial Manufacturing II oWC,Gateway Commercial a s 19s gym.ii Kent City Limits 3t J9 / Liquor Control Board 1,000 FP Buffere N I 4L n.✓AKENT y / � / 1�/ /. .. 212I St y SI216 %jai �r9 N r C/ / r a e✓/ //s/'% Pa/% % j m ham,,/ eier // / es Sf W James St MIF— '� ���e/ ✓ �✓ � ✓3/Keo1��MOInes Rtl�/° ! /� o - G S2P7=hSt—n' _.... �rtmmemmrmev.�w�p MEMORANDUM: 13 Land Use and Planning Board Hearing June 23, 2014 Page 11 Retail: WAC 314-55-079: "A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age and older." Option A: do not allow marijuana retail sales in any zoning district Option B: allow marijuana retail sales only in GWC (Gateway Commercial) zoning district: Kent City Code 15.03.010 definition of GWC: "It is the purpose of the gateway commercial district to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within the district. It is designed to create unique, unified, and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed use developments. The gateway commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially developed areas and avoiding unsightly highway strip commercial development. The gateway commercial development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking, and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique, and recognizable commercial area along East Valley Highway. Moreover, the gateway commercial district will encourage the development of commercial uses capable of benefiting and ensuring the long-term enhancement of properties throughout the study area." MEMORANDUM: 14 Land Use and Planning Board Hearing June 23, 2014 Page 12 GWC Zoning District GWC Zoning District S21.2 $k 4�rY S212rSt 2 ��`rin r ad I S216St S-213 St 1Ji31 fQ w,iQ 1/ y 1% CLr r r r"Jo. p si Aurll° _ ab I B��vl lbl ar ro, �,�Vr�r r rvd6j � /L �n`yart pp m / a Gf✓ /^�q y 1 � 7 Glw �� 1Z1�>1 S ��28 St pJ �/ Y'141fr� ��/,,,�/ %%� ;S 2281' t v� Novak- Kent � Buffersy R� � City Limits �>`+ ✓NPR ® Q Liquor Control Board 7,000 Ft Buffers Liquor Central Board 1,000 Ft MEMORANDUM: 15 Land Use and Planning Board Hearing June 23, 2014 Page 13 Option C: allow marijuana retail sales only in CM-2 (Commercial Manufacturing 2) zoning district: Kent City Code 15.03.010 definition of CM-2: "It is the purpose of the CM-2 district to provide locations for those types of developments which combine some characteristics of both retail establishments and small-scale, light industrial operations, heavy commercial and wholesale uses, and specialty manufacturing." Cli Zoning District r,n _il say' OKI' a p w q f � cektir�t "�' r'k, vvn '" a wS Krrrrt rYes��^Ia9nurE:�au.._._ r � ID q �KpO(City LR11k9St Liquor Cmp115+1 Bawd I.000 Ft Butter+, CM-2 Zoning District r f L s�urrr Crom1rnll CS{SaIU 1.OpPJ Ftl Flrnsfe:rs N" � ����8r �� MEMORANDUM: 16 Land Use and Planning Board Hearing June 23, 2014 Page 14 Option D: allow marijuana retail sales only in the M1-C (Industrial Park/ Commercial) zoning district (definition of this zone is part of the M1 definition): Kent City Code 15.03.010 definition of M1, M1-C: "The purpose of the M-1 district is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial, office, and business park activities, including modern, large-scale administrative facilities, research institutions, and specialized manufacturing organizations, all of a non-nuisance type, as designated in the comprehensive plan. This district is intended to provide areas for those industrial activities that desire to conduct business in an atmosphere of prestige location in which environmental amenities are protected through a high level of development standards. It is also the purpose of this zone to allow certain limited commercial land uses that provide necessary personal and business services for the general industrial area. Such uses are allowed in the M1 district, through the application of the "C" suffix, at centralized, nodal locations where major arterials intersect." MEMORANDUM: 17 Land Use and Planning Board Hearing June 23, 2014 Page 15 M1-C Zoning District M1-C Zoning District u aimywi �.,,•,� y � I S 1V.i8 BY � � �� l �i/r, a "ti.„r«� a Lrwa p 1 of .,. X b t r r vIPIWs � fl 1 1 1 m.. MI r 5 20ti St yr rr� r r 2 St 5 210 Sr an Alf b I fob, .M..�S dZ4ti raq« j all QI^D^�Ka,R City L,II 4 Kenl Cr,Y r.ir. �^^^ Jv ( ,p M1_ L 9uoi C.rvo;eaar 1,000 it e sko, Limueu Grarpl 2"rfler r,ebb H�1wMeis jjj �r �!�✓�/%1'�' " S•Went Des Moi'nes'Btdr 5 k�onk=C3�s RG1"rl�rraras �l�� o, u ® Liquor Control Board 1.000 Ft Buffers ®j Liquor Control Board 1,000 Ft Buffers MEMORANDUM: 18 Land Use and Planning Board Hearing June 23, 2014 Page 16 Option E: allow marijuana retail sales in the same zoning districts as an existing use in the zoning code: "liquor store": NCC, CC, DC, DCE, MTC-1, MTC-2, MCR, CM-2, GC, M1-C, GWC HIM MI rrr c. ...... w wr, a a iw r ec -v ' � ✓ PCF fn I C 4 Nalfo L •�' lJ/LC6 -1L I Qc mu c e ai c n aunan e p, a u,e anr, i nt oc inu.c �� pC m vv NGY N:g�b�X G _L me�co ,� ^ nacm nip xc re a.ti ti / iQiM MYLi oAarvaY0 tG ivi xTC .4 ... Ocm only 11 S AK # e — y-w rr w C;ty u�rnii� .6"'a • 7 j ' ,cam,. �Li".r Y,onRvY E em/,UM Ft B.ftm rs Yra f MEMORANDUM: 19 Land Use and Planning Board Hearing June 23, 2014 Page 17 Other restrictions to consider: a) "Marijuana producers, processors, and retailers shall not operate as accessory to a primary use or as a home occupation." b) "All activities shall occur within an enclosed structure and shall be designed, located, constructed, and buffered to blend in with its surrounding and mitigate significant adverse impacts on adjoining properties and the community, and special attention shall be given to minimizing odor, noise, light, glare, and traffic impacts. Marijuana uses shall be designed to include controls and features to prevent odors from travelling off-site and being detected from a public right-of-way, or other properties or uses." STAFF RECOMMENDATIONS: If the Land Use and Planning Board decides to recommend to the City Council that marijuana land uses be permitted within the City of Kent, staff recommends the following zoning options for marijuana production, processing, and retail: Production: Option B: allow marijuana production only in M3 General Industrial District. The M3 zone is designed for industrial activities that have unusual or potentially deleterious operational characteristics. Potential adverse impacts of marijuana production are not specifically known at this time, because production facilities under I-502 have not yet been permitted. In addition, production and processing facilities may be located together to benefit from the tax break offered by the WSLCB for facilities that both produce and process marijuana; the M3 zoning district is best suited for the marijuana processing, as discussed below. Processing: Option B: allow marijuana processing only in M3 General Industrial District. The M3 zone is designed for industrial activities that have unusual or potentially deleterious operational characteristics. Potential adverse impacts of marijuana production are not specifically known at this time, because production facilities under I-502 have not yet been permitted. Some safety concerns may be warranted, since processors start with raw materials and use solvents, chemicals, gases, and other compounds to extract oils and create and process marijuana infused products. It is also recommended that the same zoning district be selected for both production and processing. Retail: Option B: allow marijuana retail sales only in GWC Gateway Commercial District. It is unknown at this time how these retail facilities may impact crime rates; however, marijuana retail shops will be cash-only businesses, which may invite MEMORANDUM: 20 Land Use and Planning Board Hearing June 23, 2014 Page 18 more crime. The GWC zone is a viable commercial area that is generally not within a high crime concentration area. V k %11 ;- ` i ff WIWI fj lI/ Ill iV / 1 In addition, this zone is not located within close proximity to a large number of residentially zoned areas. For example, there are 134 residential units adjacent to the GWC zone, and approximately 752 residential units on properties zoned residential immediately adjacent to the CM-2 zoning district. The intent of this option is to not overburden the Kent Police Department by locating these facilities in areas with historically high crime rates and to protect residential areas from potentially adverse impacts. Additionally, the buffer restrictions imposed by the Washington State Liquor Control Board limit commercially zoned areas where marijuana retail uses might exist. The GWC zone is not heavily impacted by these buffer restrictions. MEMORANDUM: 21 Land Use and Planning Board Hearing June 23, 2014 Page 19 Staff also recommends including the following restrictions, if the decision is the allow marijuana uses in the City of Kent: a) "Marijuana producers, processors, and retailers shall not operate as accessory to a primary use or as a home occupation." This restriction would prohibit operations from circumventing the zoning districts in which these uses may be allowed by preventing them from being a part of another use or operating out of a home, as a home occupation. This additional language has been proposed in other jurisdictions as well. b) "All activities shall occur within an enclosed structure and shall be designed, located, constructed, and buffered to blend in with its surrounding and mitigate significant adverse impacts on adjoining properties and the community, and special attention shall be given to minimizing odor, noise, light, glare, and traffic impacts. Marijuana uses shall be designed to include controls and features to prevent odors from travelling off-site and being detected from a public right-of-way, or other properties or uses." Marijuana production and processing may create odor impacts to the surrounding area. "The pungent odor from marijuana cultivation operations is objectionable to many people. Offensive odors can easily migrate in and around the marijuana cultivation site and some strains produce odors that are detectable in the surrounding neighborhood as well as adjacent tenants" (Best Management Practices: Commercial Medical Marijuana Cultivation, City of Denver, April 2011). Indoor facilities may be more equipped to properly vent odors, as well as address security concerns. Similar additional language has been proposed in other jurisdictions as well. Puget Sound Clean Air Agency has also indicated that marijuana producers will be required to obtain permits from their agency to address odor and is in the process of researching odor impacts for marijuana production facilities. Staff will be available at the public hearing to answer questions. KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-2 Marijuana\LUPB\Hearing6-23-14\06-23-14_LUP13_Hearing Memo.doc Enc: Attach 1-Kent Buffers Map Attach 2-Kent Crime Hot Spot Maps Attach 3-SEPA checklist Attach 4-SEPA decision document Attach 5-SEPA Determination of Nonsignificance cc: Ben Wolters, Economic and Community Development Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager David Galazin,Assistant City Attorney Project File ZCA-2014-2 22 M N I" L m E a 3m L o� E NU3 g N `m _ w m u@� E E vAa Y Q O _ - . 5 0 E ym N u A 2 V E > O O J m C o 'E 0 ix = w N o E vi o o `m a _ _ U U U E R o E �E y L m C lJ O � N LL U fYll 4L— E q Q y w E Wi YA B / w p..w. �\ B•`'' vD e .......... <� .153n'rX wfY `a... .. ..._.. .......... „or,Pi.._ tm toa / 3 S. n ur � 'hR^'(�(Vd N. ...... 1 0 m u = B p us 449_ ; .......m:_.®. !E rsc e � QI'Y h 6AY� Y 9n !1 ry �L � e ��C A'S r l� x y �.,4" I Y C 4 w d CYCt 1 "r'r9 A 1 S I Yln1b � � �� V✓} � ^NnH IVu wi r^ — /'1�'�� f Ur95 lu a^ C e ll r _� _....._ ... ..,'d e� W.,„� n � o �^ 7 yr�n � k� .= .>=dr�av ur Al"nt X euwn maatipIaV 0 n'n ua • y Nrr.3 Art'�r I�W1Y� ..„.....-P7Vi-AJ ar iul I 1 K.®nNL � rY4Yv d J YyW N ATTACHMENT 2 25 Kent Police Department Reported ILP Case Reports: May 1, 2013 - April 30, 2014 ILP crimes shown below include Theft from Vehicle, Vehicle Theft, Robbery and Residential Burglary. Each dot on the below map represents one or more reported crimes at that specific location in the past year. ♦ ♦ j J A jj j I The above dots represent the location of 2,767 reported crimes over the past year. 26 The below density map represents the same reported crimes as above, but shows the density of those crimes relative to location. The more crimes in close proximity to each other, the darker the red. Yellow represents a very high concentration of reported crimes. s i Uv� F The above red hued areas reflect a high density of reported ILP crimes. The "Hot Spot" areas include: 27th Place on the West Hill 64/Smith in the Valley Kent Station area in the Valley North Central Apartments in the Valley 104/256 area on the East Hill 108/240 area on the East Hill 108/208 area on the East Hill 27 Finally, the below density map reflects higher concentrations of 911 calls received by Valley Comm over the past year. The "Hot Spots" generally reflect the same area's as the ILP Crime "Hot Spots", but with higher concentrations/density, due to other crimes being reported as well. M ;j ell f I . . .......... rIL The above areas are Kent PID's "Hot Spots" of 911 calls received by Valley Comm. They can be quickly labeled the following: 27 th Place on the West Hill — the bright yellow area. 252/Pac Hwy on the West Hill 64/Smith in the Valley — another yellow spot Kent Station area in the Valley 108/240 on the East Hill 104/256 on the East Hill 28 ATTACHMENT Planning Services 29 Location: 400 W. Gowe > Mail to: 220 4t Avenue South • Kent WA 98032-5895 Permit Center(253-856-5302 FAX: (253) 856-6412 www.cL kent.wa.us/permitcenter KENO W AS HINGTGN Environmental Checklist Application Form Public Notice Board and Application Fee...See Fee Schedule TO BE COMPLETED BY STAFF: /� APPLICATION #:(r,W-2001-n(C(�� '5 KIVA#: �� G l � ?o 1 RECEIVED BY: a*\ DATE: PROCESSING FEE: A. STAFF REVIEW DETERMINED THAT PROJECT: Meets the categorically exempt criteria. Has no probable significant adverse environmental impact(s) and application should be processed without further consideration of environmental effects. Has probable, significant impact(s) that can be mitigated through conditions. EIS not necessary. Has probable, significant adverse environmental impact(s). An Environmental impact Statement will be prepared. An Environmental Impact Statement for this project has already been prepared. 41h/,,� Signature of Responsible Official Date B. COMMENTS: C TYPE OF PERMIT OR ACTION REQUESTED: . l//AWJ-4z/6 D. ZONING DISTRICT: 4 30 City of Kent Planning Services Environmental Checklist— Page 2 SEPA CONTACTS AND PROFESSIONALS Please fill out all applicable boxes: APPLICANT PROJECT CONTACT (Pelson receiving"a ll communications if differert than Applicarit) _ `j Name: Planning Services Company Name: City of Kent Name: Contact Person: Katie Graves Company Name:- Address: 220 4th Ave 5 Contact Person: City: Kent State: WA Zip: 98032 Address: Phone(s) 253-856-5454 City: State _Zip: Phone (s) E-mail: kgraves@kentwa.gov E-mail: PROPERTY"OWN'ER BUILDING,ODUNER;(If different than" ' )I Property Ovvner), Name: Company Name: Name: Contact Person: Company Name: Address: Contact Person: City: State _Zip: Address: Phone(s) Fax: City: State Zip: E-mail: Phone(s) Fax: E-mail: BUSINESS OWNER (If differehtttian Property,' w r)` Name: Company Name: Contact Person: Address: City: State zip: Phone(s) Fax: E-mail: 31 City of Kent Planning Services Environmental Checklist— Page 3 TO BE COMPLETED BY APPLICANT: A. BACKGROUND INFORMATION: 1. Name of Project: Recreational Marijuana Zoning Options 2. Name of Applicant: City of Kent Mailing Address: 220 4th Ave S, Kent, WA 98032 Contact Person: Katie Graves Telephone: 253-856-5428 (Note that all correspondence will be mailed to the applicant listed above.) 3. Applicant is (owner, agent, other): 4. Name of Legal Owner: n/a Telephone: Mailing Address: 5. Location. Give general location of proposed project (street address, nearest intersection of streets and section, township and range). City wide:all zoning districts except SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR-H, MHP, O zoning 6. Legal description and tax identification number a. Legal description (if lengthy, attach as separate sheet): n/a b. Tax identification number: n/a 7. Existing conditions: Give a general description of the property and existing improvements, size, topography, vegetation, soil, drainage, natural features, etc. (if necessary, attach a separate sheet). Generally, commercial zones allow for various retail and service uses, industrial zones allow for various storage and manufacturing uses, agricultural zones allow for various uses that are agricultural in nature. 8. Site Area: n/a Site Dimensions: n/a 9. Project description: Give a brief, complete description of the intended use of the property or project including all proposed uses, days and hours of operation and the size of the project and site. (Attach site plans as described in the instructions): Regulations regarding recreational marUuana are being considered. See attached for zoning options and regulations. 32 City of Kent Planning Services Environmental Checklist— Page 4 10. Schedule: Describe the timing or schedule (include phasing and construction dates, if possible). Present zoning options at June 23`d Land Use and Planning Board Hearing. City Council anticipated to discuss and vote on regulations in July. 11. Future Plans: Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. Amend regulations as necessary per any future changes in state law. 12. Permits/Approvals: List all permits or approvals for this project from local, state, federal, or other agencies for which you have applied or will apply as required for your proposal. DATE AGENCY PERMIT TYPE SUBMITTED* NUMBER STATUS** n/a *Leave blank if not submitted **Approved, denied or pending 13. Environmental Information: List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. n/a 14. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. n/a 33 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 5 AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: N/A, non-project action. The City of Kent consists of the Green River Valley and East and West Hills. Terrain varies from flat to steep slopes. b. What is the steepest slope on the site (approximate percent slope)? n/a c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. n/a d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. n/a e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. n/a f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. n/a g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? n/a h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. n/a 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke)during construction and when the project is completed? If any, generally describe and give 34 City of Kent Planning.Services EVALUATION FOR Environmental Checklist—Page 6 AGENCY USE ONLY approximate quantities if known. n/a b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A-non-project action. However, marijuana production and processing have been identified to have odors that may permeate beyond the site they are located on. There are not anticipated to be odors associated with marijuana retailers. c. Proposed measures to reduce or control emissions or other impacts to air, if any. n/a, non-project action. However, proposed marijuana producers and processors, if allowed to locate in the City, would be required to comply with all city development regulations and take special care to address odor impacts. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, salt water, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Areas city-wide contain streams, wetlands, lakes, ponds, and rivers. 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. n/a 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. n/a 4) Will the proposal require surface water withdrawals ordiversions? Give general description, purpose, and approximate quantities, if known. n/a 35 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 7 AGENCY USE ONLY 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Portions of the city lie within the 100-year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so; describe the type of waste and anticipated volume of discharge. n/a. All land use applications will be reviewed and analyzed for potential impacts at the time of application. If appropriate,project specific impacts will be addressed and mitigated. Additionally, applicants would be required to comply with the adopted codes of the City of Kent, currently the 1998 King County Surface Water Design Manual and the 2002 City of Kent Surface Water Design Manual. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. n/a 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Although this is a nonproject action,production facilities permitted by this zoning change may utilize the storm system and could potentially use fertilizers. All land use applications will be reviewed and analyzed for potential impacts at the time of application. If appropriate, project specific impacts will be addressed and mitigated. Additionally, applicants would be required to comply with adopted codes of the City of Kent, currently the 1998 King County Surface Water Design Manual and the 2002 City of Kent Surface Water Design Manual. c. Water Runoff(including storm water): 1) Describe the source of runoff(including storm water)and method of collection and disposal, if any (include quantities, if known). 36 City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 8 AGENCY USE ONLY Where will this water flow? Will this water flow into other waters? If so, describe. n/a 2) Could waste materials enter ground or surface waters? If so, generally describe. Although this is a nonproject action,potential waste material from marijuana producers is anticipated to be limited because of the proposed requirement that they be located indoors. Therefore there will not be permeable surfaces that would allow runoff with fertilizers and other potential material associated with marijuana production. d. Proposed measures to reduce or control surface,ground,and runoff water impacts, if any: n/a 4. Plants n/a a. Check or circle types of vegetation found on the site: Deciduous tree: alder, maple aspen, other Evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? n/a c. List threatened or endangered species known to be on or near the site. n/a 37 City of Kent Planning Services EVALUATION FOR Environmental Checklist—Page 9 AGENCY USE ONLY d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: n/a 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Ma Birds: hawk, heron, eagle, songbirds, other. Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. Areas of Kent contain threatened or endangered species (such as bald eagles) c. Is the site part of a migration route? If so, explain. Kent is part of the Pacific Flyway for migratory birds. d. Proposed measures to preserve or enhance wildlife, if any: n/a 6. Enemy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Although this is a nonproject action,producers may require an increase in energy necessary to provide the proper amount of heat, light, and water during the cultivation process. Processors may require an increase in energy also. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. n/a c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: 38 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 10 AGENCY USE ONLY n/a 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste,that could occur as a result of this proposal? If so, describe. All allowable chemicals and solvents that may be used by marUuana producers and processors are regulated by the Washington State Liquor Control Board and applicants will be required to comply with those rules. 1) Describe special emergency services that might be required. n/a 2) Proposed measures to reduce or control environmental health hazards, if any: n/a b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? n/a 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Since the city has never had a marijuana retailer, it is unknown what the impacts will be of such a land use;however, there may be increased levels of noise from traffic and patrons associated with marjuana retail, depending on the ultimate location of such facilities. 3) Proposed measures to reduce or control noise impacts, if any: n/a 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? n/a b. Has the site been used for agriculture? If so, describe. 39 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 11 AGENCY USE ONLY n/a c. Describe any structures on the site, n/a d. Will any structures be demolished? If so, what? n/a e. What is the current zoning classification of the site? City wide: all zoning districts except SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR-H, MHP, O zoning, see project description f. What is the current comprehensive plan designation of the site? City-wide;all comprehensive plan designations except single family and multifamily designations. g. If applicable,what is the current shoreline master program designation of the site? Some zones located in shoreline jurisdictions. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Sensitive areas (such as wetlands, streams, steep slopes) are located city-wide in various zones i. Approximately how many people would reside or work in the completed project? n/a j. Approximately how many people would the completed project displace? n/a k. Proposed measures to avoid or reduce displacement impacts, if any: n/a I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. Buffers established by the Liquor Control Board rules help to ensure that 40 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 12 AGENCY USE ONLY recreational marijuana is compatible with existing and projected land uses. Proposed zoning options also help to mitigate impacts to surrounding land uses. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low income housing. n/a b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing. n/a c. Proposed measures to reduce or control housing impacts, if any. n/a 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Buildings or structures used to house marijuana facilities would be required to meet the height requirements of the zone. b. What views in the immediate vicinity would be altered or obstructed? n/a c. Proposed measures to reduce or control aesthetic impacts, if any. n/a 11. Light and Glare a. What type of light or glare will the proposals produce? What time of day would it mainly occur? n/a b. Could light or glare from the finished project be a safety hazard or interfere with views? n/a c. What existing off-site sources of light or glare may affect your proposal? f 41 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 13 AGENCY USE ONLY n/a d. Proposed measures to reduce or control light and glare impacts, if any. n/a 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Some parks are located within proposed zones. Marijuana uses are required to be at least 1000 feet from public parks. b. Would the proposed project displace any existing recreational uses? If so, describe. n/a c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. n/a 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe. n/a b. Generally describe any landmarks or evidence of historic,archaeological, scientific, or cultural importance known to be on or next to the site. n/a c. Proposed measures to reduce or control impacts, if any. n/a 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. n/a 42 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 14 AGENCY USE ONLY b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? n/a c. How many parking spaces would the completed project have? How many would the project eliminate? n/a d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). n/a e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe, n/a f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. n/a g. Proposed measures to reduce or control transportation impacts, if any. n/a 15. Public Services a. Would the project result in an increased need for public services (for example:fire protection, police protection, health care, schools,other)? If so, generally describe. Police protection may be required if theft occurs at marijuana facilities. Police will be aware of any licensed locations. b. Proposed measures to reduce or control direct impacts on public services, if any. Security measures are required by WSLCB. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service, telephone, sanitary sewer, septic system, other. Although this is a non-project action, marijuana production and 43 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 15 AGENCY USE ONLY processing facilities may result in an increase in demand for electricity and water. b. Describe the utilities that are proposed for the project, the utilities providing the service and the general construction activities on the site or in the immediate vicinity, which might be needed. n/a C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: �C���� � Date:i `� 4,4 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 16 AGENCY USE ONLY DO NOT USE THIS SHEET FOR PROJECT ACTIONS D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water;emission to air; production, storage, or release of toxic or hazardous substances; or production of noise? This proposal is only for regulations regarding how Kent may permit marijuana businesses. Project specific proposals will be evaluated for their specific likelihood to have any of the aforementioned impacts. However, the State Liquor Control Board (LCB) regulations seek to decrease many of the likely concerns regarding discharge or release of substances. Kent's proposed zones where these uses may be allowed were evaluated for appropriateness with some regard to potential impacts. Proposed measures to avoid or reduce such increases are: Mitigation will be determined at the time of project-specific proposal. 2. How would the proposal be likely to affect plants, animals,fish, or marine life? The proposal is unlikely to affect wildlife. Proposed measures to protect or conserve plants, animals, fish, or marine life? N/A for this proposal; mitigation will be determined at the time of project- specific proposal. 3. How would the proposal be likely to deplete energy or natural resources? There is no likelihood that this proposal of zoning and establishing regulations for recreational marijuana businesses will deplete energy or natural resources. The actual uses of marijuana production and processing, in particular, have been identified as possible uses that may use a lot of water and energy. 45 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 17 AGENCY USE ONLY Proposed measures to protect or conserve energy and natural resources are: Mitigation would be determined at the time of a specific project proposal. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers,threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposal is unlikely to affect sensitive areas. Recreational marijuana facilities would be required to conform with state and city environmental regulations. Proposed measures to protect such resources or to avoid or reduce impacts are: Mitigation would be determined at the time of a specific project proposal. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal is unlikely to affect existing land use plans. Proposed measures to avoid or reduce shoreline and land use impacts are: n/a 6. How would the proposal be likely to increase demands on transportation or public services and utilities? This proposal of zoning and establishing regulations for recreational marijuana businesses is unlikely to increase demands on transportation or public services and utilities. Actual marijuana businesses may cause an increase in demand on public services, police response in particular. Due to the high monetary value placed upon marijuana there may be incidents such as robberies and theft that will impact local law enforcement with increased calls for service. Proposed measures to reduce or respond to such demand(s) are: LCB rules work to create a highly regulated industry with strict requirements for security protocols and protection. These measures are anticipated to work towards mitigating the number of calls for service. Mitigation will also be determined at the time of a specific project proposal. . 46 City of Kent Planning Services EVALUATION FOR Environmental Checklist— Page 18 AGENCY USE ONLY 7. Identify, if possible,whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal is unlikely to conflict with otherlaws orrequirements forthe protection of the environment. 5:\Permit\Plan\ZONING_CODE_AMENDMENTS\2014\ZCA-2014-2 Marijuana\SEPA\ZCA- 2014-2RecreationalMarij uanaSEPA_CHECKLIST.doc ATTACHMENT 47 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION KENT Fred N. Satterstrom, AICP, Director WAS NGro Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document RECREATIONAL MARIJUANA ZONING OPTIONS ENV-2014-23, KIVA#RPSA-2141805 Charlene Anderson, AICP Responsible Official I. PROPOSAL The City of Kent has initiated a non-project environmental review for this project which proposes to amend the City of Kent Zoning Code to address zoning regulations for recreational marijuana uses. Zoning alternatives under consideration include: Production; WAC 314-55-075: "A marijuana producer license allows the licensee to produce marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in nonrigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314- 55-083. Option A: do not allow marijuana production in any zoning district Option B: allow marijuana production only in M3 General Industrial District: Kent City Code 15.03.010: "The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development ...- 48 Decision Document Recreational Marijuana Zoning Options Zoning Code Amendment ENV-2014-23 RPSA-2141805 Option C: allow marijuana production in the same zoning districts as an existing use in the zoning code: "Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2, M1, M1-C, M2, M3, GWC Option D: allow marijuana production in the similar zoning districts as an existing use in the zoning code: "Agricultural uses such as planting and harvesting of crops, animal husbandry (including wholesale nurseries and greenhouses)": A-10, AG, MA (exclude SR-1 from this use) Processing: WAC 314-55-077: "A marijuana processor license allows the licensee to process, package, and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers." Option A: do not allow marijuana processing in any zoning district Option B: allow marijuana processing only in M3 General Industrial District: Kent City Code 15.03.010 definition of M3: "The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development..." Option C: allow marijuana processing in the same zoning districts as an existing use in the zoning code: "Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2, M1, M1-C, M2, M3, GWC Retail: WAC 314-55-079: "A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age and older." Option A: do not allow marijuana retail sales in any zoning district Option B: allow marijuana retail sales only in GWC (Gateway Commercial) zoning district: Page 2 of 8 49 Decision Document Recreational Marijuana Zoning Options Zoning Code Amendment ENV-2014-23 RPSA-2141805 Kent City Code 15.03.010 definition of GWC: "It is the purpose of the gateway commercial district to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within the district. It is designed to create unique, unified, and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed use developments. The gateway commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially developed areas and avoiding unsightly highway strip commercial development. The gateway commercial development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking, and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique, and recognizable commercial area along East Valley Highway. Moreover, the gateway commercial district will encourage the development of commercial uses capable of benefiting and ensuring the long-term enhancement of properties throughout the study area." Option C: allow marijuana retail sales only in CM-2 (Commercial Manufacturing 2) zoning district: Kent City Code 15.03.010 definition of CM-2: "It is the purpose of the CM-2 district to provide locations for those types of developments which combine some characteristics of both retail establishments and small-scale, light industrial operations, heavy commercial and wholesale uses, and specialty manufacturing." Option D: allow marijuana retail sales only in the M1-C (Industrial Park/ Commercial) zoning district (definition of this zone is part of the M1 definition): Kent City Code 15.03.010 definition of M1-C: "...It is also the purpose of this zone to allow certain limited commercial land uses that provide necessary personal and business services for the general industrial area. Such uses are allowed in the M1 district, through the application of the "C" suffix, at centralized, nodal locations where major arterials intersect." Page 3 of 8 50 Decision Document Recreational Marijuana Zoning Options Zoning Code Amendment ENV-2014-23 RPSA-2141805 Option E: allow marijuana retail sales in the same zoning districts as an existing use in the zoning code: "liquor store": NCC, CC, DC, DCE, MTC-1, MTC-2, MCR, CM-2, GC, M1-C, GWC Other restrictions to consider: a) "Marijuana producers, processors, and retailers shall not operate as accessory to a primary use or as a home occupation." b) "All activities shall occur within an enclosed structure and shall be designed, located, constructed, and buffered to blend in with its surrounding and mitigate significant adverse impacts on adjoining properties and the community, and special attention shall be given to minimizing odor, noise, light, glare, and traffic impacts. Marijuana uses shall be designed to include controls and features to prevent odors from travelling off-site and being detected from a public right-of- way, or other properties or uses." II. BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan, the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Design and Construction Standards (Ordinance 3927) and Concurrency Management (Chapter 12.11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts. These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems. Compliance with Kent's Design and Construction Standards may require the deeding/ dedication of right-of-way for identified improvements. Compliance with Title 11.03 and Title 11.06 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate the location and density of development based upon known physical constraints such as steep and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. In addition to the above, Kent follows revisions to the Washington State Environmental Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094. Page 4 of 8 51 Decision Document Recreational Marijuana Zoning Options Zoning Code Amendment ENV-2014-23 RPSA-2141805 III. ENVIRONMENTAL ELEMENTS A. Earth The Proposal may impact all zoning districts city wide, except for SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR- H, MHP, 0 zoning. Affected zones include a wide range of developed and undeveloped properties. Areas in the Kent valley are generally described as flat and properties on east or west hill of Kent may be flat, slightly sloped, or have steep slopes. Construction associated with retail marijuana uses subsequent to amendment of the zoning code may require fill and grading. Such projects are subject to appropriate local, state and federal permits which will be acquired at the time of implementation. Though erosion hazards are limited in the area, potential hazards exist whenever soils are exposed. Projects will be subject to the City of Kent standards for erosion and sedimentation controls to minimize off-site soil transport. Specific environmental impacts and appropriate mitigation measures will be determined at the time of individual project implementation. B. Air While adoption of the Proposal is a non-project action, marijuana production and processing have been identified to have odors that may permeate beyond the site they are located on. Proposed marijuana producers and processors, if allowed to locate in the City, would be required to comply with all city development regulations and take special care to address odor impacts. Specific environmental impacts and appropriate mitigation measures will be assessed at the time of application for projects. C. Water The Proposal is city-wide, which includes many drainage basins, creeks, lakes, and the Green River. The city contains wetlands of various categories as defined by Kent City Code Section 11.06. Although this is a nonproject action, uses permitted by this zoning change may utilize the storm system and could potentially use fertilizers. Construction activities are regulated by the adopted codes of the City of Kent, currently the 1998 King County Surface Water Design Manual and the 2002 City of Kent Surface Water Design Manual. Potential waste material from marijuana producers is anticipated to be limited because of the proposed requirement that they be located indoors; therefore, there will not be permeable surfaces that would allow runoff with fertilizers and other potential material associated with marijuana production. Page 5 of 8 52 Decision Document Recreational Marijuana Zoning Options Zoning Code Amendment ENV-2014-23 RPSA-2141805 D. Plants and Animals This proposal is not anticipated to have an effect on plants or animals. If applicable, specific environmental impacts and appropriate mitigation measures related to plants and animals will be determined at the time of individual project implementation. E. Energy and Natural Resources Although this is a nonproject action, marijuana production and processing may require an increase in energy necessary to provide the proper amount of heat, light, and water during the cultivation process. Processors may require an increase in energy also. F. Aesthetics, Noise, Light and Glare Minimal impacts on noise, light and glare are anticipated with the implementation of marijuana uses. The proposed zoning code changes include the requirements that all uses be indoors. Current city codes regulate impacts to neighboring properties. All allowable chemicals and solvents that may be used by marijuana producers and processors are regulated by the Washington State Liquor Control Board and applicants will be required to comply with those rules. G. Land and Shoreline Use Adoption of the Proposal is a non-project action that is not anticipated to have significant environmental impacts. The proposal is city wide and could allow marijuana uses in various zoning districts, except SR- 1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR-H, MHP, O zoning. The comprehensive plan designations are all designations except single family and multifamily designations. Some zoning districts are located in shoreline jurisdiction, including areas along the Green River, Lake Fenwick, Lake Meridian, Green River Natural Resource Area, Springbrook creek, and associated wetlands. Impacts to these shorelines are not anticipated. Although this is a nonproject action, future development of marijuana uses will be required to meet the standards and regulations of the City of Kent Shoreline Master Program. H. Housing The proposal will not impact housing availability. I. Recreation Although parks are located throughout this city, impacts to recreation are not anticipated. J. Historic and Cultural Preservation Although this is a nonproject action, if archeological materials are discovered with site work for any project action, the application must Page 6 of 8 53 Decision Document Recreational Marijuana Zoning Options Zoning Code Amendment ENV-2014-23 RPSA-2141805 stop work and notify the State Department of Archaeology and Historical Preservation. K. Transportation The Washington State Legislature created the Commute Trip Reduction (CTR) Law in 1991 with the goals of reducing traffic congestion, air pollution and petroleum consumption. This law requires major employers to encourage their employees to use commute alternatives such as transit, carpools, bicycles, walking, compressed work weeks, telecommuting, and flexible work schedules to reduce drive alone commute trips during the peak congestion periods. Additionally, the City is considering regulatory amendments to comply with State laws regarding the permitting of electric vehicle charging stations. The City addresses the growing demand for transit service by requiring that the Applicant accommodate the needs for transit as expressed by King County Metro Transit. Significant traffic impacts are not anticipated for potential marijuana uses. If applicable, marijuana establishments will be required to pay traffic impact fees to mitigate for additional vehicular trips. L. Public Services Adoption of the Proposal is a non-project action that is not anticipated to have significant environmental impacts, though Police protection may be required if theft occurs at marijuana facilities. Police will be aware of any licensed locations. M. Utilities Although this is a non-project action, marijuana production and processing facilities may result in an increase in demand for electricity and water. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act; 2. The Shoreline Management Act (RCW 90.58) and the Kent Shoreline Master Program; 3. Kent City Code Section 7.07 Surface Water and Drainage Code; 4. City of Kent Transportation Master Plan, Green River Valley Transportation Action Plan and current Six-Year Transportation Improvement Plan; 5. Kent City Code Section 7.09 Wastewater Facilities Master Plan; Page 7 of 8 54 Decision Document Recreational Marijuana Zoning Options Zoning Code Amendment ENV-2014-23 RPSA-2141805 6. City of Kent Comprehensive Water Plan and Conservation Element; 7. Kent City Code Section 6.02 Required Infrastructure Improvements; 8. Kent City Code Section 6.07 Street Use Permits; 9. Kent City Code Section 14.09 Flood Hazard Regulations; 10. Kent City Code Section 12.04 Subdivisions, Binding Site Plans, and Lot Line Adjustments; 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Park; 12. Kent City Code Section 8.05 Noise Control; 13. City of Kent International Building and Fire Codes; 14. Kent City Code Title 15, Zoning; 15. Kent City Code Section 7.13 Water Shortage Emergency Regulations and Water Conservation Ordinance 2227; 16. Kent City Code Sections 6.03 Improvement Plan Approval and Inspection Fees; 17. Kent City Code Section 7.05 Storm and Surface Water Utility; 18. City of Kent Comprehensive Sewer Plan; 19. City of Kent Fire Master Plan; and 20. Kent City Code Chapter 11.06, Critical Areas. B. It is recommended that a Determination of Nonsignificance (DNS) be issued for this non-project action. KENT PLANNING SERVICES June 6, 2014 KG\pm S:\Permit\Plan\Env\2014\2141805 Dec is io n.doc Page 8 of 8 ATTACHMENT 5 55 KEiVT WASHIN GTON CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental checklist No. #ENV-2014-23 Project Recreational Marijuana RPSA-2141805 Zoning Options Description: The City of Kent has initiated a non-project environmental review forthis project which proposes to amend the City of Kent Zoning Code to address zoning regulations for recreational marijuana uses. Zoning alternatives under consideration include. Production: WAC 314-55-075: "A marijuana producer license allows the licensee to produce marijuana for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in nonrigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314-55-083. Option A: do not allow marijuana production in any zoning district Option 6: allow marijuana production only in M3 General Industrial District: Kent City Code 15.03.010: 'The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development ..." Option C: allow marijuana production in the same zoning districts as an existing use in the zoning code: "Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2, M1, M1-C, M2, M3, GWC Option D: allow marijuana production in the similar zoning districts as an existing use in the zoning code: "Agricultural uses such as planting and harvesting of crops, animal husbandry (including wholesale nurseries and greenhouses)": A-10, AG, MA (exclude SR-1 from this use) 56 Determination of Nonsignificance Recreational Marijuana Zoning Options ENV-2014-23/RPSA-2141805 Processing: WAC 314-55-077: "A marijuana processor license allows the licensee to process, package, and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers. " Option A: do not allow marijuana processing in any zoning district Option B: allow marijuana processing only in M3 General Industrial District: Kent City Code 15.03.010 definition of M3: "The purpose of the M3 district is to provide areas suitable for the broadest range of industrial activities, and to specify those industrial activities having unusual or potentially deleterious operational characteristics, where special attention must be paid to location and site development..." Option C: allow marijuana processing in the same zoning districts as an existing use in the zoning code: "Manufacturing, processing, blending, and packaging of drugs, pharmaceuticals, toiletries, and cosmetics": CM-1, CM-2, M1, M1-C, M2, M3, GWC Reta i I: WAC 314-55-079: "A marijuana retailer license allows the licensee to sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one years of age and older. " Option A: do not allow marijuana retail sales in any zoning district Option B: allow marijuana retail sales only in GWC (Gateway Commercial) zoning district: Kent City Code 15.03.010 definition of GWC: "It is the purpose of the gateway commercial district to provide retail commercial uses appropriate along major vehicular corridors while encouraging appropriate and unified development among the properties within the district. It is designed to create unique, unified, and recognizable streetscapes while ensuring land use compatibility and the exclusion of inappropriate uses. It is also intended to promote flexibility in appropriate areas of site design and to encourage mixed use developments. The gateway commercial district recognizes the significance of the automobile while simultaneously minimizing its dominance in commercially developed areas and avoiding unsightly highway strip commercial development. The gateway commercial development standards promote land uses which minimize physical and visual impacts normally associated with highway commercial developments. Landscaping, parking, and sign standards have all been enhanced as compared to the current commercial and industrial zoning districts. These standards will promote a viable, unique, and recognizable commercial area along East Valley Highway. Moreover, the gateway commercial district will encourage the development of commercial 2of4 57 Determination of Nonsignificance Recreational Marijuana Zoning Options ENV-2014-23/RPSA-2141805 uses capable of benefiting and ensuring the long-term enhancement of properties throughout the study area." Option C: allow marijuana retail sales only in CM-2 (Commercial Manufacturing 2) zoning district: Kent City Code 15.03.010 definition of CM-2: "It is the purpose of the CM-2 district to provide locations for those types of developments which combine some characteristics of both retail establishments and small-scale, light industrial operations, heavy commercial and wholesale uses, and specialty manufacturing." Option D: allow marijuana retail sales only in the M1-C (Industrial Park/ Commercial) zoning district (definition of this zone is part of the M1 definition): Kent City Code 15.03.010 definition of MI-C: "...It is also the purpose of this zone to allow certain limited commercial land uses that provide necessary personal and business services for the general industrial area. Such uses are allowed in the MI district, through the application of the "C"suffix, at centralized, nodal locations where major arterials intersect." Option E: allow marijuana retail sales in the same zoning districts as an existing use in the zoning code: "liquor store": NCC, CC, DC, DCE, MTC-1, MTC-2, MCR, CM-2, GC, M1-C, GWC. Other restrictions to consider: a) "Marijuana producers, processors, and retailers shall not operate as accessory to a primary use or as a home occupation." b) "All activities shall occur within an enclosed structure and shall be designed, located, constructed, and buffered to blend in with its surrounding and mitigate significant adverse impacts on adjoining properties and the community, and special attention shall be given to minimizing odor, noise, light, glare, and traffic impacts. Marijuana uses shall be designed to include controls and features to prevent odors from travelling off- site and being detected from a public right-of-way, or other properties or uses." Applicant Katie Graves, City of Kent Planning Services Lead Agency City of Kent The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. 3of4 58 Determination of Nonsignificance Recreational Marijuana Zoning Options ENV-2014-23/RPSA-2141805 Applicant Katie Graves, City of Kent Planning Services Lead Agency City of Kent The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. There is no comment period for this DNS. X This DNS is issued under 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of this decision; this constitutes a 14-day comment period. Comments must be submitted by 4:30 p.m., June 20, 2014. This DNS is subject to appeal pursuant to Kent City Code section 11.03.520. Responsible Official Charlene Anderson, AICP Position/Title Planning Manager / SEPA OFFICIAL Address 220 S. Fourth Avenue Kent WA 98032 TVon�: (2 53) 85�-54 4.. Dated June 6, 2014 Signature APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE DATE OF THIS DECISION PER KENT CITY CODE 11.03.520. CONDITIONS/MITIGATING MEASURES: NONE KG\pm S:iPermitiPlan\Envi2014i2141805 dns.doc 4of4