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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 05/23/2016 LAND USE AND PLANNING BOARD MINUTES ® MAY 23, 2016 W A 5 H I N G T O N 1. Call to Order Chair Cornelius called the meeting to order at 7:00 pm 2. Roll Call ® LUPB Members: Frank Cornelius Chair; Katherine Jones Vice Chair; Barbara Phillips, and Randall Smith were in attendance with Jack Ottini absent/excused. ® City Staff: Charlene Anderson, AICP, Long Range Planning Manager; Hayley Bonsteel, Long Range Planner/GIS Coordinator; and David Galazin, Assistant City Attorney were in attendance. 3. Approval of Minutes Board Member Jones MOVED and Board Member Smith SECONDED a Motion to Approve the Minutes of April 25, 2016. MOTION PASSED 4-0. 4. Added Items None S. Communications None 6. Notice of Upcoming Meetings None 7. Public Hearing Medical Marijuana Patient Cooperatives (MMPC) [ZCA-2016-51 Bonsteel explained that State law introduced a new category of medical marijuana growing operations called a patient cooperative, intended to replace the existing category of "medical cannabis collective gardens" beginning July 1, 2016. This new cooperative would be comprised of up to four members, allowing 15 plants per member to be grown within the residence of one of the members. Bonsteel stated that the Liquor and Cannabis Board will have regulatory oversight, but as they have not yet proposed any rules, staff does not know what that oversight will look like. In many ways this is an administrative change to replace collective gardens with patient cooperatives. Staff recommends prohibiting patient cooperatives because of previous decisions to prohibit marijuana related uses and because of one specific aspect of the law from a land use standpoint that may have impacts. These growing operations are not required to be located in property actually owned by one of the patients. Many land use impacts associated with the grow operations would be inside homes. Allowing renters to participate brings in an additional factor in terms of property damage; related to wiring, moisture or odor issues. Staff believes that property owners should be the ones to decide rather than renters. In previous discussions with the Board, members asked staff for some options of where these cooperatives would be permitted. Bonsteel referred to a map that illustrated single family residential zones in the City. She stated that if the Board wished to have these cooperatives in Kent, staff would recommend that cooperatives be located in the lowest density zones of SR-1. One concern is that there is no way to know who is renting out their homes and staff feels that a renter choosing to start a garden in a home would not have the same level of investment as a home owner and runs the risk of not complying with whatever standards the Cannabis Board adopts. The Ordinance is written to prohibit all uses and staff is recommending prohibition at this time. In response to Board member Smith, Bonsteel stated that one cooperative per tax parcel is allowed in the city according to state law. Galazin stated that the standards for these cooperatives are set forth within RCW 69.51a.250 and will be supplemented by the Liquor and Cannabis Board. Galazin defined some of the requirements of the RCWs, some of which are the same as recreational marijuana is subject to. Staff is describing something that is replacing something else that is already prohibited. Galazin voiced his belief that the focus should be that this is more of an administrative change with regulations set forth within RCW 69.51a.250 and as will be supplemented by the Liquor and Cannabis Board rules which are yet to be adopted. Board Member Jones questioned if both medical and recreational marijuana would be approved in the same facility, depending if you come in with your medical marijuana card, you would simply pay a different tax rate. Galazin stated that thethrust behind this as well as other regulations have been to roil the medical system into the recreational system creating one comprehensive system rather than an unregulated medical and a regulated recreational system. Galazin spoke about how medical marijuana patients can register with the state database and show that they are a qualifying patient or designated provided and they will pay no tax on the transaction as the law has been changed now. A 37 percent tax rate has been implemented at the retail end. Qualifying patients would be exempt from the tax rate, so long as they are entered in the system and have their recognition card. In response to questions posed by Board Member Jones about the possibility to allow medical marijuana to be grown in agricultural areas, Galazin stated that cooperatives are not allowed anywhere where they can be seen, smelled, or otherwise detectable on a public street or from any adjacent private property. Concluding deliberations, Chair Cornelius opened the Public Hearing. Seeing that there were no speakers, Chair Cornelius closed the Public Hearing and called for a motion. Board Member Phillips MOVED and Board Member Smith SECONDED a motion to recommend to the City Council approval of the proposed amendments to the Kent Zoning Code, related to medical marijuana patient cooperatives, as presented by staff. Chair Cornelius called for the vote. Motion PASSE® unanimously 4-0 with 4 yeas. Adjournment Chair Cornelius adjourned the meeting at 7:22 p.m. Charlene Anderson, AICP, Long Range Planning Manager, LUPB Board Secretary Land Use&Planning Board Minutes May 23, 2016 Page 2 of 2