Loading...
HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 05/23/2016 (2)For documents pertaining to the Land Use and Planning Board, access the City’s website at: http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004. Any person requiring a disability accommodation should contact the City Clerk’s Office in advance at (253) 856- 5725. For TTY/TDD service call the Washington Telecommunications Relay Service at (800) 833-6388. For general information, contact Economic & Community Development Department, Planning Division at (253) 856-5454. ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue South Kent, WA 98032-5895 PUBLIC HEARING AND WORKSHOP AGENDA LAND USE AND PLANNING BOARD MAY 23, 2016 7:00 P.M. LUPB MEMBERS: Frank Cornelius, Chair; Katherine Jones, Vice Chair; Jack Ottini, Barbara Phillips, Randall Smith CITY STAFF: Charlene Anderson, AICP, Long Range Planning Manager; Hayley Bonsteel, Long Range Planner/GIS Coordinator; David Galazin, Assistant Civil Attorney. This is to notify you that the Land Use and Planning Board will hold a Public Hearing followed by a Workshop on MONDAY, MAY 23, 2016 at 7:00 p.m. These meetings will be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA. The public is invited to attend and all interested persons will have an opportunity to speak at the Hearing. Any person wishing to submit oral or written comments on the proposed amendment may do so at the hearing or prior to the hearing by email to Charlene Anderson at: canderson@kentwa.gov. No public testimony is taken at the Workshop, although the public is welcome to attend. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of the April 25, 2016 Minutes 4. Added Items 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: MEDICAL MARIJUANA PATIENT COOPERATIVES [ZCA-2016-5] Hayley Bonsteel This is a public hearing to consider zoning regulations pertaining to a new category of medical marijuana growing operation, referred to as “patient cooperatives,” which will replace the existing category of “medical cannabis collective gardens” beginning July 1, 2016, due to recent changes in state law. 8. WORKSHOP: COMPLETE STREETS ORDINANCE [CPA-2016-4] Hayley Bonsteel Discussion to consider amendments to Title 6 of the Kent City Code (KCC) to adopt a new chapter 6.14 pertaining to complete streets. LAND USE AND PLANNING BOARD MINUTES APRIL 25, 2016 1. Call to Order Chair Cornelius called the meeting to order at 7:20 pm 2. Roll Call • LUPB Members: Frank Cornelius Chair; Katherine Jones Vice Chair; Barbara Phillips, and Jack Ottini were in attendance with Randall Smith Excused Absence. • City Staff: Charlene Anderson, AICP, Long Range Planning Manager; Hope Gibson, Parks Planning & Development Manager; and David Galazin, Assistant Civil Attorney were in attendance. 3. Approval of Minutes Board Member Jones MOVED and Board Member Phillips SECONDED a Motion to Approve the Minutes of April 25, 2016. MOTION PASSED 4-0. 4. Added Items None 5. Communications None 6. Notice of Upcoming Meetings None 7. Public Hearing Park and Open Space Plan [CPA-2016-3] Gibson described where within the Park and Open Space Plan (the Plan) edits and amendments were made to the Plan. She stated that the draft Plan was brought before the Board for discussion at their March 28th workshop. Gibson distributed to the Board; an amended Table CF.9 Parks Facilities Inventory-2015, and page two of Appendix A - Recreational Value/Level of Service Overview. Gibson submitted an email from Sandi Lynden dated April 22, 2016 drawing attention to concerns related to new park level of service standards and Park Fee- in-lieu Funds. Board Member Phillips MOVED and Board Member Ottini SECONDED a motion to accept this Email (defined as Exhibit 1) from Sandi Lynden, into the record. Chair Cornelius called for the vote. Motion PASSED 4-0. Gibson spoke about each of the Eight Chapters the Plan is comprised of: Chapter 1 defines the role of parks and open space in the city. Chapter 2 speaks about the public outreach efforts whereby staff assembled a citizens’ task force, engaged the public through community events, invited attendees to participate in 1 Land Use & Planning Board Minutes April 25, 2016 Page 2 of 2 informal online surveys and hired a survey firm to execute a more formal, statistically valid survey. Chapter 3 speaks about four core themes: 1) Provide quality public spaces, 2) Maintain the parks system through performance based approach, 3) reinvestment approaches and 4) sustainable funding strategies. Chapter 4 addresses the new approach to level of service.. Chapter 5 discusses park classification and lays out strategic projects for every region in the city. Chapter 6 discusses various parks capital funding options, Chapter 7 address Parks Goals and Policies and lays out priorities related to continuing development and stewardship of City’s park and open space system. Chapter 8 concludes the narrative and the following appendix provides transparency by including the questions and answers to the two surveys and other information pertaining to the park and open space system and the new Level of Service approach. Anderson stated that the Park and Open Space Plan is being incorporated into the Comprehensive Plan, and the Capital Facilities and Parks and Recreation Elements of Kent’s Comprehensive Plan are being updated to reflect the updated Parks plan. She stated that staff proposes to update Table CF.9 in the Capital Facilities Element to reflect the current acreage of park categories. Anderson also proposed deletion of Table CF-10 including the 2015 level of service table (reflected on page 236 of the packet), and correction of the Level of Service Comparison table and Level of Service by City Region table with information from the corresponding tables in the 2016 Park and Open Space Plan. . Anderson described changes to the Parks and Recreation Element needed to reflect the latest iteration of the 2016 Park and Open Space Plan, referring to pages 4 through 43 of the Parks and Recreation Element portion of the agenda packet. In response to Board member Jones, Gibson stated that the surveys showed that the public desires trails, open space, and sports parks. Gibson stated that the survey showed that people prefer parks close to their homes that are open, clean, safe and nicely landscaped. Concluding deliberations, Board Chair Cornelius invited the audience to speak. Seeing no speakers, Cornelius closed the public hearing. Board Member Phillips MOVED and Board Member Jones SECONDED a Motion recommending to the City Council approval of proposals to adopt the 2016 Park and Open Space Plan Update, incorporate it into the City of Kent Comprehensive Plan, and make associated amendments to the Capital Facilities and Parks and Recreation Elements of the Comprehensive Plan, as presented by staff. Motion PASSED unanimously 4-0. Adjournment Chair Cornelius adjourned the meeting at 8:07 pm _____________________________________________ Charlene Anderson, AICP, Long Range Planning Manager, LUPB Board Secretary 2 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue South Kent, WA 98032-5895 May 16, 2016 TO: Chair Frank Cornelius and Land Use and Planning Board Members FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator RE: Patient Cooperatives Code Amendment (ZCA-2016-5) For May 23, 2016 Hearing MOTION: Recommend to the City Council approval (or denial; or approval, as modified) of proposed amendments to the Kent Zoning Code, related to medical marijuana patient cooperatives, as presented by staff. SUMMARY: Recent changes in state law will introduce a new category of medical marijuana growing operation called a “patient cooperative,” replacing the existing category of “collective garden” beginning July 1, 2016. The new category will allow up to four qualifying patients and/or designated providers to form a “cooperative” in which marijuana can be collectively grown for personal, medical use in the domicile of one of the members. The Liquor and Cannabis Board will have regulatory oversight of these cooperatives; however, the Board cannot register a cooperative where prohibited by a local zoning provision. A patient cooperative must be located within the domicile of one of the members; ergo, cooperatives may only exist in residential areas. The law does not specify that the domicile be owned by the member, meaning there is the potential for impacts to rental properties. Kent’s zoning code does not currently address this new category of patient cooperatives; the draft ordinance attached rectifies this by repealing the regulations related to collective gardens and adding a definition and zoning for patient cooperatives. The ordinance is drafted to prohibit patient cooperatives in all zoning districts; however, the Board has the option of recommending that patient cooperatives be permitted in one or more zoning districts if it so chooses. If the Board wishes to modify the proposal in order to permit patient cooperatives, staff recommends that the Board limit its recommendation to the Single Family SR-1 zone, as this zone may contain the highest ratio of ownership to rentals of any zone. The potential for impacts to rental properties introduces concerns regarding accountability, as property owners are likely to want to decide for themselves whether patient cooperatives’ benefits are worth the potential property impacts. State law provides a number of other mandatory siting criteria, contained in RCW 69.51A.250, which staff can speak to if the Board wishes to recommend something other than prohibition. 3 BACKGROUND: Second Substitute Senate Bill 5052 and Second Engrossed Second Substitute House Bill 2136, both of which were enacted during the 2015 legislative session, make several changes to state law regarding medical marijuana. Beginning July 1, 2016, medical cannabis collective gardens (see RCW 69.51A.085) will cease to exist; instead, qualifying patients and/or designated providers may now form “cooperatives” in which marijuana can be collectively grown for personal, medical use (see RCW 69.51A.250). The law limits membership in the cooperative to no more than four individuals, requiring that all members be registered with the newly-created state-run database of qualifying patients and designated providers. It mandates that all members provide actual assistance in growing the plants, in addition to several other requirements, including the need to register the location with the State Liquor and Cannabis Board. Patient cooperative must be located in the domicile of one of the members. The law does not specify that the domicile be owned by the member, however, meaning there are potential impacts to rental properties. Impacts can include excessive power consumption, increased mold and mildew and structural damage. HB:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-5 Med Marijuana Patient Cooperatives\05-23-16 LUPB hearing MMJ Patient Cooperatives Memo.doc Encl: Draft ordinance; copy of RCW 69.51A.250 (effective July 1, 2016), Decision Document, DNS and SEPA Checklist cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, AICP, Long Range Planning Manager David Galazin, J.D., LL.M., Assistant City Attorney 4 1 Amend KCC 15.02 and 15.08 - Re: Patient Cooperatives ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 15 of the Kent City Code by repealing all sections pertaining to medical cannabis collective gardens, and adopting new regulations pertaining to medical marijuana patient cooperatives. RECITALS A. Second Substitute Senate Bill No. 5052, known as the “Cannabis Patient Protection Act,” was signed into law by Governor Inslee on April 24, 2015. This Act allows qualifying patients and/or designated providers who hold valid recognition cards to form a “cooperative” in which marijuana can be collectively grown for personal, medical use, beginning July 1, 2016. The Act also repeals the existing category of “collective gardens,” as defined in RCW 69.51A.085, effective as of July 1, 2016. B. Medical marijuana patient cooperatives are limited to four or fewer members; must be registered with the state Liquor and Cannabis Board; and must be located within the domicile of one of the members of the cooperative. C. Second Engrossed Second Substitute House Bill 2136, signed by Governor Inslee on June 30, 2015, further clarified that the Liquor and Cannabis Board must deny the registration of a proposed patient cooperative if the location is prohibited by local zoning ordinance. 5 2 Amend KCC 15.02 and 15.08 - Re: Patient Cooperatives D. Kent’s zoning code does not currently address this new category of patient cooperatives, requiring an amendment to the city code. E. On May 5, 2016, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed code amendments. The Washington State Department of Commerce granted the request for expedited review on _______. No comments were received from State agencies. F. On May 9, 2016, staff gave an overview of these proposed amendments before the Economic and Community Development Committee. G. On May 9, 2016, during a workshop meeting, staff received authorization from the Land Use and Planning Board (“LUPB”) to draft an ordinance amending Kent’s zoning code to address collective gardens and patient cooperatives. H. On May 20, 2016, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). The City’s SEPA Responsible Official issued a Determination of Nonsignficance for the proposed code amendments. I. On May 23, 2016, the LUPB moved to recommend to the full City Council the adoption of the draft amendments, as prepared by staff, at a regularly-scheduled public hearing. J. On June 13, 2016, the Economic and Community Development Committee considered the ordinance repealing collective gardens and addressing the new category of patient cooperatives, and recommended approval of the ordinance, as proposed by staff and 6 3 Amend KCC 15.02 and 15.08 - Re: Patient Cooperatives approved by the LUPB. The matter was subsequently considered by the full City Council at its June 21, 2016, meeting. K. While collective marijuana growing has never been authorized in Kent, the Kent Police Department (“KPD”) has investigated numerous illegal marijuana grow operations in housing units in the City. KPD has noted that residential “grow houses” often pose multiple environmental concerns, including, but not limited to: excessive power consumption; increased mold and mildew; pervasive odors; and structural damage. L. Furthermore, these impacts are magnified by the fact that these grow houses are often rental units that are rendered uninhabitable after being used for the indoor growing and cultivation of marijuana. M. The City Council recognizes that approved medical uses of marijuana may provide relief to patients suffering from debilitating or terminal conditions, but because of the potential secondary impacts, the establishment of facilities for the collective growth, production, and processing of medical marijuana in residential units is not appropriate for any zoning district within the City. N. The City Council further understands that while the medical benefits of marijuana have been recognized by the state legislature, marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA), and possession and use of marijuana is still a violation of federal law. O. The City Council has determined that the passage of a permanent zoning code amendment that shall prohibit the establishment of residential medical marijuana patient cooperatives in all zoning districts of the City will serve the public health, safety and welfare. 7 4 Amend KCC 15.02 and 15.08 - Re: Patient Cooperatives NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Repealer. Section 15.02.074 of the Kent City Code is hereby repealed in its entirety. SECTION 2. - Repealer. Section 15.08.290 of the Kent City Code is hereby repealed in its entirety. SECTION 3. - Amendment. Chapter 15.02 of the Kent City Code is hereby amended by adding a new section 15.02.326 to read as follows: Sec. 15.02.326 Patient cooperative, medical marijuana. Medical marijuana patient cooperative means a group of four or fewer qualifying patients and/or designated providers who share responsibility for producing and processing marijuana only for the medical use of the members of the cooperative, pursuant to, and in accordance with, all the terms and conditions of RCW 69.51A.250. SECTION 4. - Amendment. Chapter 15.08 of the Kent City Code is hereby amended by adding a new section 15.08.295 to read as follows: Sec. 15.08.295 Patient cooperatives. A. Medical marijuana patient cooperatives, as defined in KCC 15.02.326, are prohibited in the following zoning districts: 1. All agricultural districts, including A-10 and AG; 8 5 Amend KCC 15.02 and 15.08 - Re: Patient Cooperatives 2. All residential districts, including SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR-H, MHP, PUD, MTC-1, MTC-2, and MCR; 3. All commercial districts, including NCC, CC, CC-MU, DC, DCE, DCE-T, CM-1, CM-2, GC, and GC-MU; 4. All industrial districts, including M1, M1-C, M2, and M3; and 5. Any new district established on or after July 1, 2016. B. Any violation of this section is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, Chapter 1.04 KCC. C. Nothing in this section is intended to authorize, legalize or permit the establishment or operation of a use that violates any city, county, state or federal law or statute. SECTION 5. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 9 6 Amend KCC 15.02 and 15.08 - Re: Patient Cooperatives SECTION 7. – Effective Date. This ordinance shall take effect and be in force on July 1, 2016, which is more than five days from and after its publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Patient Cooperatives Ordinance.docx 10 69.51A.250 Cooperatives—Qualifying patients or designated providers may form— Requirements—Restrictions on locations—State liquor and cannabis board may adopt rules. (Effective July 1, 2016.) *** CHANGE IN 2016 *** (SEE 2520.SL) *** (1) Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative. No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must hold valid recognition cards. All members of the cooperative must be at least twenty-one years old. The designated provider of a qualifying patient who is under twenty-one years old may be a member of a cooperative on the qualifying patient's behalf. (2) Qualifying patients and designated providers who wish to form a cooperative must register the location with the state liquor and cannabis board and this is the only location where cooperative members may grow or process marijuana. This registration must include the names of all participating members and copies of each participant's recognition card. Only qualifying patients or designated providers registered with the state liquor and cannabis board in association with the location may participate in growing or receive useable marijuana or marijuana-infused products grown at that location. (3) No cooperative may be located in any of the following areas: (a) Within one mile of a marijuana retailer; (b) Within the smaller of either: (i) One thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade that admission to which is not restricted to persons aged twenty-one years or older; or (ii) The area restricted by ordinance, if the cooperative is located in a city, county, or town that has passed an ordinance pursuant to RCW 69.50.331(8); or (c) Where prohibited by a city, town, or county zoning provision. (4) The state liquor and cannabis board must deny the registration of any cooperative if the location does not comply with the requirements set forth in subsection (3) of this section. (5) If a qualifying patient or designated provider no longer participates in growing at the location, he or she must notify the state liquor and cannabis board within fifteen days of the date the qualifying patient or designated provider ceases participation. The state liquor and cannabis board must remove his or her name from connection to the cooperative. Additional qualifying patients or designated providers may not join the cooperative until sixty days have passed since the date on which the last qualifying patient or designated provider notifies the state liquor and cannabis board that he or she no longer participates in that cooperative. (6) Qualifying patients or designated providers who participate in a cooperative under this section: 11 (a) May grow up to the total amount of plants for which each participating member is authorized on their recognition cards, up to a maximum of sixty plants. At the location, the qualifying patients or designated providers may possess the amount of useable marijuana that can be produced with the number of plants permitted under this subsection, but no more than seventy-two ounces; (b) May only participate in one cooperative; (c) May only grow plants in the cooperative and if he or she grows plants in the cooperative may not grow plants elsewhere; (d) Must provide assistance in growing plants. A monetary contribution or donation is not to be considered assistance under this section. Participants must provide nonmonetary resources and labor in order to participate; and (e) May not sell, donate, or otherwise provide marijuana, marijuana concentrates, useable marijuana, or marijuana-infused products to a person who is not participating under this section. (7) The location of the cooperative must be the domicile of one of the participants. Only one cooperative may be located per property tax parcel. A copy of each participant's recognition card must be kept at the location at all times. (8) The state liquor and cannabis board may adopt rules to implement this section including: (a) Any security requirements necessary to ensure the safety of the cooperative and to reduce the risk of diversion from the cooperative; (b) A seed to sale traceability model that is similar to the seed to sale traceability model used by licensees that will allow the state liquor and cannabis board to track all marijuana grown in a cooperative. (9) The state liquor and cannabis board or law enforcement may inspect a cooperative registered under this section to ensure members are in compliance with this section. The state liquor and cannabis board must adopt rules on reasonable inspection hours and reasons for inspections. [2015 2nd sp.s. c 4 § 1001; 2015 c 70 § 26.] NOTES: Findings—Intent—Effective dates—2015 2nd sp.s. c 4: See notes following RCW 69.50.334. Effective date—2015 c 70 §§ 12, 19, 20, 23-26, 31, 35, 40, and 49: See note following RCW 69.50.357. Short title—Findings—Intent—References to Washington state liquor control board—Draft legislation—2015 c 70: See notes following RCW 66.08.012. 12 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document MEDICAL MARIJUANA PATIENT COOPERATIVES ZONING REGULATIONS ENV-2016-15, KIVA# RPSA-2161700 ZCA-2016-5, KIVA #RPP6-2161614 Charlene Anderson, AICP Responsible Official Staff Contact: Hayley Bonsteel 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 prohibit a new category of medical marijuana grow operations called patient cooperatives. There is also an option to permit patient cooperatives in single family (SR-1) districts. See attached for proposed draft amendment. 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, 13 Decision Document Medical Marijuana Patient Cooperatives Zoning Code Regulations ENV-2016-15, KIVA# RPSA-2161700 ZCA-2016-5, KIVA #RPP6-2161614 Page 2 of 5 1997), which implements ESHB 1724 and ESB 6094, and rules which took effect on May 10, 2014 in response to 2ESSB 6406 passed by the State Legislature in 2012. III. ENVIRONMENTAL ELEMENTS A. Earth The Proposal is unlikely to impact earth, as it prohibits a new type of indoor marijuana grow operation. Were patient cooperatives to be permitted in SR-1 zones, they would be located indoors and would therefore also be unlikely to impact earth. B. Air Adoption of the Proposal is a non-project action, and no impacts to air are anticipated. Prohibiting patient cooperatives is unlikely to affect air. Were patient cooperatives permitted in SR-1 zones, it is possible that negligible odors could be created; however, SR-1 lot sizes are large and therefore any impact would be unlikely to affect the air beyond the immediate vicinity of the property. C. Water Adoption of the Proposal is a non-project action, and no impacts to water are anticipated. Prohibiting patient cooperatives is unlikely to affect water. Were patient cooperatives to be permitted in SR-1 zones, it is possible that residential water use would increase—but the burden of this would fall on the resident paying the water bill, and is unlikely to affect water city-wide. D. Plants and Animals This proposal is not anticipated to have an effect on plants or animals. Were patient cooperatives to be permitted in SR-1 zones, an increase of up to 60 marijuana plants per residential household is possible— however, the addition of marijuana plants to indoor residences does not significantly impact existing plants or animals in any discernable way. E. Energy and Natural Resources This proposal is not anticipated to have an effect on energy or natural resources. Were patient cooperatives to be permitted in SR-1 zones, an increase in residential energy use is possible—however, the burden of this increase in residential energy usage would fall on the resident paying for the energy, and would have negligible impacts on city-wide systems. 14 Decision Document Medical Marijuana Patient Cooperatives Zoning Code Regulations ENV-2016-15, KIVA# RPSA-2161700 ZCA-2016-5, KIVA #RPP6-2161614 Page 3 of 5 F. Aesthetics, Noise, Light and Glare Patient cooperatives are indoors and therefore would not be likely to have any significant effects on aesthetics, noise, light or glare, were they to be permitted in SR-1 zones as is an option. It is possible that patient cooperatives would contribute to mold or other internal property damage, but this aesthetic impact would be limited to the interior of the home and therefore not have any significant impact. However, as drafted, this Proposal prohibits patient cooperatives, so these effects are even less likely. G. Land and Shoreline Use Adoption of the Proposal is a non-project action that is not anticipated to have significant environmental impacts. Prohibiting patient cooperatives has no effect on land or shoreline use. Were patient cooperatives to be permitted in the SR-1 zone, as is an option for this project, a new use would be introduced to the zoning code; however, the use would be internal to residences and therefore unlikely to have significant environmental impacts on land or shoreline use. H. Housing The Proposal is not anticipated to impact housing availability. Were patient cooperatives to be permitted in SR-1 zones, it is possible that subsequent indoor grow operations would have negative impacts on residential structures if improperly maintained; however, the burden of this impact would mostly fall on the property owner to repair any structural damage that occurs as part of an improperly maintained patient cooperative. I. Recreation The proposal is not anticipated to impact recreation. 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 stop work and notify the State Department of Archaeology and Historical Preservation. Given that this Proposal prohibits patient cooperatives or potentially permits them in the SR-1 zone internal to residences, no historic or cultural preservation impacts are anticipated. K. Transportation The Proposal is not anticipated to impact transportation systems. Were patient cooperatives to be permitted, a negligible increase in traffic might be expected as members travel to and from the residential cooperatives site; however, it is unlikely that this traffic would be significant. L. Public Services 15 Decision Document Medical Marijuana Patient Cooperatives Zoning Code Regulations ENV-2016-15, KIVA# RPSA-2161700 ZCA-2016-5, KIVA #RPP6-2161614 Page 4 of 5 Patient cooperatives, if permitted in SR-1 zones, could become a target for theft which could increase the number of police calls– however, since they are inside homes, they would not be as visible targets as outdoor grow operations. This lack of visibility renders any potential increase insignificant. Regardless, this amendment prohibits patient cooperatives, so impacts to public services are not anticipated. M. Utilities This proposal is not anticipated to have a significant effect on utilities. Were patient cooperatives to be permitted in SR-1 zones, an increase in residential utility use is possible—however, the burden of this increase in residential utility usage would fall on the resident paying for the utilities, and would have negligible impacts on city-wide systems. If patient cooperatives are prohibited, as proposed, there would be no impacts on utilities. 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; 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 Decision Document Medical Marijuana Patient Cooperatives Zoning Code Regulations ENV-2016-15, KIVA# RPSA-2161700 ZCA-2016-5, KIVA #RPP6-2161614 Page 5 of 5 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 May 17, 2016 CA:HB:pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2016\ZCA-2016-5 Med Marijuana Patient Cooperatives\SEPA_Decision.doc 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ECONOMIC & COMMUNITY DEVELOPMENT Ben Wolters, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue South Kent, WA 98032-5895 May 16, 2016 TO: Chair Frank Cornelius and Land Use and Planning Board Members FROM: Hayley Bonsteel, Long Range Planner & GIS Coordinator RE: Complete Streets Ordinance For May 23, 2016 Workshop SUMMARY: Complete Streets is a policy and design approach that requires streets to be planned, designed, operated and maintained to enable safe, convenient and comfortable access for all users, regardless of age or ability. Complete Streets concepts are becoming more crucial every day for planning and transportation projects in the region, as traffic congestion worsens, transportation costs rise and public health initiatives strive to increase people’s activity levels. To date, more than 700 agencies at the local, regional and state levels have adopted Complete Streets Ordinances; adopting such an ordinance in Kent would enable the City to be more competitive for regional grants and steer future updates to plans and standards, which would have real impacts on implemented projects. Staff seeks Board authorization to consider an amendment to the Kent City Code to include a Complete Streets chapter. BACKGROUND: The City of Kent’s pedestrian and bicycle network consists of sidewalks, pathways, trails, bike lanes, shared off-street paths and striped shoulders. In the past, many sidewalks and bicycle lanes have been constructed as part of individual development projects. This has resulted in gaps, missing connections and inconsistencies in the design and quality of facilities. The City has a number of strong Complete Streets-supportive policies and plans in place, including the Transportation Master Plan (which recognizes the need to improve connectivity and identifies a network of streets to receive bicycle and pedestrian facilities) and the Comprehensive Plan (which has policies in land use and transportation chapters related to improving non-motorized access and encouraging walking and bicycling). Complete Streets policies improve safety, lower transportation costs, provide mobility alternatives, encourage healthy activity, stimulate local economies, contribute to economic development goals through creating a sense of place, improve social interaction and generally improve adjacent property values. See the attached draft proposed ordinance; staff will be available at the May 23, 2016 meeting to discuss the process and concepts for such a project. HB:pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2016\CPA-2016-4 Complete Streets Ord\05-23-16 LUPB workshop Complete Streets.doc Encl: Draft ordinance cc: Ben Wolters, Economic & Community Development Director Charlene Anderson, AICP, Long Range Planning Manager 39 40 1 Amend KCC ________ - Re: ________________ ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 6 of the Kent City Code (KCC) to adopt a new chapter 6.14 pertaining to complete streets. RECITALS A. The Complete Streets concept promotes streets that are safe and convenient for all users, including pedestrians, bicyclists, transit riders, freight haulers and motor vehicle drivers of all ages and abilities. B. Streets constitute a large portion of the public space and should be corridors for all modes of transportation. C. Streets that support and invite multiple uses are more conducive to the public life and efficient movement of people than streets designed primarily to move automobiles and freight. D. Trends in energy and transportation costs, air quality, public health and economic development necessitate a more comprehensive approach to mobility. E. The City of Kent engaged residents during the Let’s Go Kent project in 2010, which focused on improving the walking and biking 41 2 Amend KCC ________ - Re: ________________ network. Residents repeatedly expressed the desire for better walking and biking options. F. There are practical limits to the expansion of roadways in response to traffic congestion. Promoting pedestrian, bicycle and transit travel as an alternative to the automobile can reduce congestion, reduce the negative environmental impacts of automobiles and also reduce transportation costs for residents and commuters. G. A 2007 Washington State Department of Transportation survey found that a lack of pedestrian and bicycle infrastructure, such as sidewalks and bicycle lanes, is a primary reason why Washington residents do not walk or bicycle more frequently. H. The United States Congress and the National Association of Local Boards of Health specifically recommend Complete Streets policies as a strategy to increase pedestrian and bicycle travel modes. Complete Streets legislation has been adopted by the United States Department of Transportation, numerous state transportation agencies, as well as cities such as Seattle, Kirkland, Redmond, Portland, San Francisco, San Diego, Boulder and Chicago. The Complete Streets concept is also supported by the Institute of Traffic Engineers, American Planning Association, United States Centers for Disease Control and Prevention, American Public Health Association and many other transportation, planning and public health professionals. I. The City Council-adopted Strategic Plan includes a vision of a safe, connected and beautiful city, culturally vibrant with richly diverse urban centers. Safety and connectivity can only be achieved if all users’ needs are taken into account during planning and implementation of roadway projects. 42 3 Amend KCC ________ - Re: ________________ J. The Comprehensive Plan and Transportation Master Plan for the City of Kent both contain policies and goals supportive of Complete Streets concepts, including policies to promote walking and bicycling, policies regarding level of service for pedestrians, bicycles and transit, policies to provide non-motorized facilities and many more. K. Planning staff introduced Complete Streets at a regularly scheduled Land Use and Planning Board (LUPB) workshop on May 23, 2016, and received authorization from the LUPB to draft the policy and ordinance. L. The City determined that due to the procedural nature of this amendment (which includes no development regulations), neither notification to the State nor State Environmental Policy Act review are required. M. Planning staff presented the draft ordinance and policy to the LUPB at a public hearing on June 13, 2016. The LUPB moved to recommend to the City Council adoption of the ordinance and policy as presented by staff. N. The Economic and Community Development Committee, at a regularly scheduled meeting on July 11, 2016, moved to adopt the ordinance and policy as recommended by the LUPB. O. The full City Council, at a regularly scheduled meeting on July 19, 2016, adopted the ordinance and policy as presented by staff. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 43 4 Amend KCC ________ - Re: ________________ ORDINANCE SECTION 1. – New Chapter. Title 6 of the Kent City Code is amended by adding a new chapter 6.14 to read as follows: Sec. 6.14.010. Vision The City endorses the concept of Complete Streets, which promotes roadways that are safe, convenient and attractive for all users regardless of age and ability, including pedestrians, bicyclists, transit riders, freight haulers and motor vehicle drivers. The vision of complete streets is a community in which all residents and visitors can safely and efficiently use the public right-of-way to meet their transportation needs regardless of their preferred mode of travel. Sec. 6.14.015. Policy The City will plan for, design, construct, operate and maintain an appropriate and integrated transportation system that will meet the needs of pedestrians, bicyclists, wheelchair users, transit riders, freight haulers, motorists, emergency responders and residents of all ages and abilities. Transportation system facilities that support the concept of Complete Streets include, but are not limited to pavement markings and signs, street and sidewalk lighting, sidewalk and pedestrian safety improvements, Americans with Disabilities Act and Title VI compliance, transit accommodations, bicycle accommodations including signage and markings and, as appropriate, streetscapes that appeal to and promote all modes of travel. The system’s design will be consistent with and supportive of local neighborhoods, recognizing that transportation needs vary and must be balanced in a flexible, safe and cost-effective manner. Sec. 6.14.020. Applicability 44 5 Amend KCC ________ - Re: ________________ Those involved in the planning and design of projects within the public right of way will give consideration to all users and modes of travel from the start of planning and design work consistent with approved plans. Transportation system improvements shall be viewed as opportunities to create safer, more accessible streets for all users. This shall apply to new construction, reconstruction and rehabilitation. The City may create a checklist that will assist in considering modes of travel in the planning and design of transportation system improvements. Installation of ADA- compatible ramps or other ADA-compliant improvements required for improved accessibility are exempt from complete streets consideration, as are ordinary maintenance activities such as mowing, sweeping, spot repair, joint sealing, pothole filling and installation of raised pavement markers. Sec. 6.14.110. Plans and Standards As City plans, guidelines and standards are updated, consideration shall be given to complete streets concepts to ensure that new regulations and practices comply with this chapter and the latest in applicable complete streets research and best practices. Examples of plans and standards include, but are not limited to the Design and Construction Standards and the Transportation Master Plan. Resources to be referenced in developing these standards and plans shall include, but not be limited to the latest editions of National Association of City Transportation Officials’ Urban Street Design Guide and the Manual on Uniform Traffic Control Devices. Sec. 6.14. 200 Exceptions The Public Works director and the Economic and Community Development director may jointly determine that there are exceptions to the provisions for these facilities, in the following circumstances: a. The project would require the accommodation of street uses prohibited by law; 45 6 Amend KCC ________ - Re: ________________ b. The accommodation of a specific use is expected to have adverse impacts on environmental resources such as streams, wetland floodplains or on historic structures or sites, above and beyond the impacts of currently existing infrastructure; c. Topographic challenges make accommodation of a specific use infeasible. d. Their establishment would be contrary to public safety; e. The cost would be excessively disproportionate to the need or probable future use; f. Their inclusion in a small project would create a very short section of improvements with problematic transitions on either end or unlikely similar improvements at either end. Where the above exceptions allow Complete Streets facilities to be omitted from a roadway project, the City shall consider whether bicyclists, pedestrians, transit users and persons of all abilities can be accommodated by nearby facilities, and strive to provide Complete Streets connections to those facilities. Sec. 6.14.240 Intergovernmental Cooperation The City will cooperate with other transportation agencies including the Washington State Department of Transportation, King County Metro and Sound Transit to ensure the principles and practices of complete streets are embedded within their planning, design, construction and maintenance activities. The City will specifically cooperate to ensure the transportation network flows seamlessly between jurisdictions in accordance with local and regional road, transit, bicycle and pedestrian plans. 46 7 Amend KCC ________ - Re: ________________ SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage [OR five (5) days after its publication], as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 47 8 Amend KCC ________ - Re: ________________ PASSED: day of , 201__. APPROVED: day of , 201__. PUBLISHED: day of , 201__. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK 48