Loading...
Agenda 06/26/2014 siimane Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. June 26, 2014 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: June 12, 2014 Minutes VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject that is not on the agenda. IX. PUBLIC HEARING: CTA-2014-0002 Marijuana Regulations X. COMMISSION BUSINESS: A. Deliberations: Shoreline Management Program Update — Development Regulations XI. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT Minutes Spokane Valley Planning Commission Council Chambers—City Hall, June 12,2014 Vice Chair Carlsen called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms.Horton took roll and the following members and staff were present: Kevin Anderson Lori Barlow,Sr.Planner Christina Carlsen Erik Lamb,Deputy City Attorney Robert McCaslin Christina Janssen,Planner Mike Phillips Micki Harnois,Planner Steven Neill,Absent,Excused Deanna Horton,Secretary Joe Stoy,Absent-Excused Hearing no objections, Commissioners Neill and Stoy were excused from the meeting. Commissioner McCaslin moved to approve the June 12, 2014 agenda. It was decided to switch Item B, Study Session for the marijuana regulations and Item C Shoreline Master Program. Motion passed four to zero. Commissioner Carlsen moved to approve the May 22, 2014 as presented. Motion passed,four to zero. COMMISSION REPORTS: Commissioners had no report. ADMINISTRATIVE REPORT: Sr.Planner Barlow offered an update on the Comprehensive Plan amendments. PUBLIC COMMENT: No public comment COMMISSION BUSINESS: A. Findings of Fact for Spokane Valley Municipal Code(SVMC)Amendment CTA-2014-0001. Planner Micki Harnois gave an overview of the proposed privately initiated amendment to the Spokane Valley Municipal Code(SVMC) 19.70.010(B)(3)(b)and Table 19.60-1 to change the required side and rear yard setbacks in the Industrial zones from the current 35 feet to 20 feet when the property is adjacent to a residential use or zone. Ms.Harnois explained the fmdings reflect the Planning Commission's request to have the setbacks changed in the Light and Heavy Industrial zone when adjacent to a residential use, to 20 feet, and for the side setbacks to 20 feet,and rear setback to 35 feet when adjacent to a residential zone. Commissioner Anderson moved to approve the findings of fact and forward them to the City Council. Motion passed four to zero. B. Study Session — Proposed amendment to the Spokane Valley Municipal Code to adopt Marijuana regulations. Deputy City Attorney Erik Lamb started explaining how I-502,the state marijuana law is being regulated by the state. He said the state law I-502 decriminalized the use and possession for recreational use, established a regulatory system for licensing producers,processors and retailers and named the Washington State Liquor Control Board(WSLCB)as the governing authority for these regulations. Mr. Lamb explained a producer license is for the growing of marijuana. There are no limits on the number of producing facilities,but the state is limiting the amount of square footage statewide to between five and ten million square feet. Producers have a tiered system with the largest allowable size facility being 21,000 square feet. A Processor license is for anyone putting marijuana into a useable form from packaging it to baggies,to putting it in baked goods. There are no limits on the number of processing facilities statewide. A retailer license is for anyone who wants to sell the usable marijuana. The WSLCB will be issuing 334 retailer licenses statewide, 3 for Spokane Valley, 18 total in Spokane County. He also noted that all uses are required to abide by local zoning codes and permitting requirements. 06-12-14 Planning Commission Minutes Page 1 of 4 Mr. Lamb stated the Attorney General issued an opinion in January of 2014 that determined that I-502 contains no clear indication it was intended to preempt local authority to regulate recreational marijuana. Some cities have chosen not to allow it. Commissioner Anderson asked if a city could allow growers and processors but not the retail sales element. Mr. Lamb said he was aware that cities had banned it, for instance the City of Kent has banned medical marijuana, but he did not know what the basis was for the ban. The City made an administrative determination based on the current City zoning code to permit licensed marijuana facilities. Production licenses will be allowed in Light and Heavy Industrial(I-1 and I-2)zones and for indoor growing only they will be allowed in Regional Commercial (RC) and Community Commercial (CC)zones. Processing will be allowed in I-1 and 1-2 zones. Retail sales will be allowed in Mixed Use Center (MUC), Corridor Mixed Use (CMU), Regional and Community Commercial zones. Commissioner Carlsen asked if the only license needed for processing was the business license for the City. Mr.Lamb responded that if they are doing consumables it could require other permits,for instance from the Health Department. On February 11,2014 the City adopted interim regulations governing recreational marijuana. Interim regulations are only good for six months and then permanent regulations need to be adopted. The interim regulations follow the state regulations however the City determined it would appropriate to buffer the Centennial Trail and the proposed Appleway Trail along with any vacant and undeveloped public school land and library property. The interim regulations will expire in August 2014,so the final regulations need to be adopted prior to the interim regulations expiring. Staff identified some issues with the interim regulations. The buffer for the Centennial Trail extended to industrial properties on the north side of the river,which could be used for processing and growing. Also staff considered that processing included a variety of activities from just bagging the raw marijuana to complex chemical extractions. After reviewing the processing options,it may be appropriate to allow for the bagging only in zones other than industrial. On April 22,2014 Council adopted amendments to the interim regulations. The current interim regulations are now: • Allow Recreational Marijuana Production in CC,RC,and both Industrial zones;but in CC and RC zones,only indoor grow operations are allowed • Allow Recreational Marijuana Processing in CC,RC and both Industrial zones;but in CC and RC zones,only packaging and labeling of useable marijuana is allowed • Allow Recreational Marijuana Retail Sales in MUC,CMU,CC,and RC zones;provide buffers from Centennial Trail and Appleway Trail • Buffer all Recreational Marijuana from undeveloped public school and public library property. The proposed amendments would: • Mirror Existing Interim Regulations • Amend Appendix A-Definitions:Add definitions for Marijuana processing,production,and sales. • Adopt SVMC 19.85:Development regulations for the processing,production and sales of Marijuana. • Amend SVMC 19.120.050-Permitted use matrix to include Marijuana uses. Ms.Christina Janssen then explained that the amendments to the Spokane Valley Municipal Code(SVMC) would be under Chapter 19.85. She explained the definitions would be in Appendix A,where all the definitions for the SVMC are located. In the Permitted Use matrix,marijuana production would be listed under Agriculture and Animals,Processing would be listed under light industrial,and retail sales would be listed under the retail sales section. All of these listings have a reference to the code section for more information. Commissioner Anderson asked if growing and processing could be allowed in the same place. Mr. Lamb stated it was possible and that applications for both in the same place have been submitted to the City. Commissioner Carlsen inquired if it would make sense to have two definitions for processing based on the zone where the property was located. Staff explained the development standards would lay out where each type of processing would be allowed. Staff explained the public hearing is scheduled for June 26th 06-12-14 Planning Commission Minutes Page 2 of 4 C. Deliberations Draft Shoreline Master Program(SMP),Draft Regulations. Senior Planner Lori Barlow gave a presentation regarding some of the issues which were brought up at the public hearing which she felt needed the Commission's direction. She stated she would be creating a matrix to address each of the comments which had been received and the City's response to them. Buffers came up often in the comments. Ms.Barlow said in most cities the buffer is a standard width. The City had taken an approach to mirror the vegetation with buffers in most areas. She also reminded the Commissioners that a majority of the land along the river is owned by public entities. Very little is privately owned. Commissioner Phillips asked if the city is going to control the length of the buffers,how the property owner would know how far into their land the buffer would fall. He stated he was concerned about not knowing exactly where the property lines were in order to enforce the buffers without having each parcel surveyed. Ms. Barlow explained the city has a very good aerial pictures and the GIS system, while not perfect,would give a very good indication of where the property lines would be,but would only be used for planning purposes. Ms. Barlow explained that in the area of the river which is considered Orchard Avenue,a standard buffer of 50 feet had been suggested since most of the private development in this area was already built out. In the Coyote Rocks area a standard buffer is applied on the properties west of the bridge but the natural vegetation would serve as the buffer on the east side of the bridge. Commissioner Carlsen asked how people would know the buffer if the buffers extended beyond the state land and affected their property. Ms.Barlow responded that in most cases they would not know until they came in to get a permit for a project on their property. However based on the Inventory Report,very few properties would be impacted, but Ms. Barlow stated she could bring back information as to how many private parcels would be impacted. Ms.Barlow then reviewed the proposed variance process and asked for direction from the Commissioners. She displayed two options for the Commissioners: Option 1 would allow a reduction of the buffers by up to 25%on an administrative determination if a specific criterion is met;Option 2 would remove up to 25%on an administrative determination and require applicants go through the formal variance process which would require DOE (Department of Ecology) to make the determination. It seemed the Commissioners present would rather have the 25%to be done administratively. Any request for more than 25%would still require the formal process and approval by DOE. Ms.Barlow moved on to a comment from DOE,that they feel standards are lacking in regard to trail/paths which will be allowed in the shoreline area. She displayed where the proposed requirements address trails and paths,but said there are no specific standards identified. She shared the trail/path standards which are contained in the Spokane County SMP,which DOE feels should be adopted. The next subject was where docks will be allowed on the river. There has been considerable discussion about where docks should be allowed on the river,by both user groups. Ms.Barlow pointed out where the standards are for allowing docks and said they are not allowed in free flowing portions of the river. DOE and Futurewise both commented that the regulations should state specifically where docks will be allowed. Ms. Barlow said staff felt the Shoreline Modification Activity table was specific enough stating in which environments they would be allowed. Commissioners discussed where on the river docks would be allowed, in the Orchard Avenue portion of the river, and Coyote Rocks development. Commissioner Anderson asked if a bond was required to install a dock in the case that the dock should come free of its moorings and float off and cause damage to someone else's property. No bond is required at this time to install a dock on the river. Commissioner Carlsen said it would be the homeowner's risk to install a dock in a more flowing section of the river. Ms.Barlow reminded the Commissioners the City would not be the only reviewing agency in regard to docks on the river and more stringent regulations from some of the other agencies. At this time,the Commissioners agreed to leave the dock regulations alone. The last subject discussed was Avista's request for less stringent regulations from the City to perform maintenance duties around their power lines. Ms.Barlow informed the Commissioners when she returns at the next meeting with the matrix, staff will not be proposing any changes to the language regarding these requests. Ms.Barlow said she felt the current allowances in the proposed regulations would take care of a majority of the maintenance work. Anything greater would require a permit and the City would like the ability to review any major work. 06-12-14 Planning Commission Minutes Page 3 of 4 GOOD OF THE ORDER: There were no comments concerning the Good of the Order. ADJOURNMENT: The meeting was adjourned at 8:25 p.m. Christina Carlsen,Chairperson Date signed Deanna Horton,Secretary 06-12-14 Planning Commission Minutes Page 4 of 4 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 26th, 2014 Item: Check all that apply: n consent n old business n new business ® public hearing n information n admin.report n pending legislation FILE NUMBER: CTA-2014-0002 AGENDA ITEM TITLE: Public Hearing—Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: A city initiated text amendment to Spokane Valley Municipal Code (SVMC) to amend SVMC 19.120 and Appendix A and adopt SVMC 19.85 to provide definitions and regulations for the zoning and buffering of production, processing, and retail sales of state-licensed recreational marijuana. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None BACKGROUND: The proposal is to amend Spokane Valley Municipal Code (SVMC) 19.120 and Appendix A to provide defmitions for and zoning restrictions upon the production,processing,and retail sales of state-licensed recreational marijuana. Additionally,the proposal would adopt a new SVMC 19.85 to provide limitations on certain marijuana production and processing uses and to create 1,000 foot buffers between state-licensed production,processing,and retail sales of recreational marijuana and the Centennial Trail,Appleway Trail,undeveloped and vacant public school property and undeveloped and vacant public library property. The City Council previously adopted interim regulations for state-licensed recreational marijuana uses in addition to the state buffers described below to further protect and prevent distribution of marijuana to minors. The proposal tracks the interim regulations as adopted by the City Council. Pursuant to state law,the interim regulations terminate in August,2014 and final regulations must be adopted prior to such termination. Recreational Marijuana Background: Recreational marijuana was legalized within Washington State with the passage of Initiative 502 in November 2012. The state has worked over the last year to develop extensive regulations for licensing and permitting of production(growing),processing, and retail sales of recreational marijuana. All recreational marijuana facilities must be licensed by the Washington State Liquor Control Board(the "LCB"). The LCB has been accepting and processing applications since November,2013, and issued the first production and processing licenses within Spokane Valley in March 2014. Recently,the LCB conducted a lottery to select the three retail sales outlets that will be allowed within Spokane Valley. Under state law,there cannot be more than three retail sales outlets within Spokane Valley,but there is no restriction on the number of production and processing facilities allowed. State law provides 1,000 buffers between recreational marijuana and several sensitive uses,including schools,libraries,and public parks,but excludes trails and undeveloped school or library property. The LCB enforces the state buffers through the state licensing process. On January 16,2014, a Washington Attorney General Opinion was released that provided that the Attorney General's opinion was that local jurisdictions were not preempted by I-502 from adopting local regulations and restrictions on state- licensed recreational marijuana uses. The City's buffers would be in addition to the state-mandated buffers and would be enforced by the City. All marijuana uses remain illegal under the federal Controlled Substances Act. However,the United State Department of Justice has released a policy to not prosecute licensed marijuana providers in states which have legalized marijuana and which have a strong enforcement and regulatory scheme. Further overview of current state and federal law and the interim regulations were provided as part of the study session. The Planning Commission conducted a study session on this amendment on June 12th,2014. NOTICE: Notice for the proposed amendment to SVMC was sent to the Spokane Valley News Herald for publication on June 6,2014 and June 13,2014. Notice for the proposed amendment was provided consistent with applicable provisions of SVMC Title 17. APPROVAL CRITERIA: SVMC Section 17.80.150(F)provides approval criteria for text amendments to the SVMC. The criterion stipulates that the proposed amendment(s)must be consistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to the public health, safety,welfare, and protection of the environment. RECOMMENDED ACTION OR MOTION: Move to recommend approval of CTA-2014-0002, amendments to SVMC 19.120 and Appendix A and to adopt SVMC 19.85-Recreational Marijuana regulations. STAFF CONTACT: Christina Janssen-Planner Erik Lamb-Deputy City Attorney ATTACHMENTS: A. Staff Report B. Proposed amendments to SVMC 19.120 C. Proposed amendments to SVMC Appendix A D. Proposed SVMC 19.85 E. Background Information ATTACHMENT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane Valle STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-2014-0002 STAFF REPORT DATE: June 3,2014 HEARING DATE AND LOCATION: June 26, 2014, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: A city initiated text amendment to Spokane Valley Municipal Code (SVMC) to amend SVMC 19.120 and Appendix A and adopt SVMC 19.85 to provide definitions and regulations for the zoning and buffering of production, processing, and retail sales of state-licensed recreational marijuana. PROPONENT: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission approve the proposed amendment. STAFF PLANNER: Christina Janssen,Planner, Community Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to amend SVMC 19.120 and Appendix A,and adopt SVMC 19.85 A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Ordinance 14-002 passed, adopting interim definitions 2/11/14 and regulations for state-licensed recreational marijuana Ordinance 14-004 passed, adopting amendments to the 4/22/14 interim regulations for state-licensed recreational marijuana SEPA Threshold Determination TBD Process Date Published Notice of Public Hearing: 6/6/14& 6/13/14 Sent Notice of Public Hearing to staff/agencies: 6/6/14 PROPOSAL BACKGROUND: The proposal is to amend Spokane Valley Municipal Code (SVMC) 19.120 and Appendix A to providing definitions for and zoning restrictions upon the production,processing,and retail sales of state-licensed recreational marijuana. Additionally,the proposal would adopt a new SVMC 19.85 to provide limitations on certain marijuana production and processing uses and to create 1,000 foot buffers between state-licensed production,processing,and retail sales of recreational marijuana and the Centennial Trail,Appleway Trail,undeveloped and vacant public school property and undeveloped and vacant public library property. The City Council previously adopted interim regulations for state-licensed recreational marijuana uses in addition to the state buffers described below to further protect and prevent distribution of marijuana to minors. The proposal tracks the interim regulations as adopted by the City Council. Pursuant to state law,the interim regulations terminate in August,2014 and final regulations must be adopted prior to such termination. Recreational Marijuana Background: Recreational marijuana was legalized within Washington State with the passage of Initiative 502 in November 2012. The state has worked over the last year to develop extensive regulations for licensing and permitting of production(growing),processing, and retail sales of recreational marijuana. All recreational marijuana facilities must be licensed by the Washington State Liquor Control Board(the "LCB"). The LCB has been accepting and processing applications since November,2013, and issued the first production and processing licenses within Spokane Valley in March 2014. Recently,the LCB conducted a lottery to select the three retail sales outlets that will be allowed within Spokane Valley. Under state law,there cannot be more than three retail sales outlets within Spokane Valley,but there is no restriction on the number of production and processing facilities allowed. State law provides 1,000 buffers between recreational marijuana and several sensitive uses,including schools,libraries,and public parks,but excludes trails and undeveloped school or library property. The LCB enforces the state buffers through the state licensing process. On January 16,2014, a Washington Attorney General Opinion was released that provided that the Attorney General's opinion was that local jurisdictions were not preempted by I-502 from adopting local regulations and restrictions on state- licensed recreational marijuana uses. The City's buffers would be in addition to the state-mandated buffers and would be enforced by the City. All marijuana uses remain illegal under the federal Controlled Substances Act. However,the United State Department of Justice has released a policy to not prosecute licensed marijuana providers in states which have legalized marijuana and which have a strong enforcement and regulatory scheme. B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment,if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Page 2 of 4 Staff Analysis: The amendment is consistent with the Comprehensive plan goals by protecting residential areas, encouraging diversity among commercial uses, maintaining a flexible and consistent regulatory environment, and promoting compatibility between adjacent land uses. Relevant Comprehensive Plan goals and policies are shown below: LUP-1.1 Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. LUP-1.2 Protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. Land Use Goal LUP-10.2 Encourage a diverse array of industries to locate in Spokane Valley. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. Economic Policy EDP-7.1: Evaluate,monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable,cost-effective, and expeditious. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity,consistency and predictability. Neighborhood Policy NP-2.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. (2) The proposed amendment bears a substantial relation to public health,safety, welfare,and protection of the environment; Analysis: The proposed amendment will allow compliance with state law and allow state-licensed recreational marijuana businesses to locate within the Spokane Valley while separating such uses from identified sensitive uses and the City's existing and future residential uses. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public noticing was conducted for CTA-2014-0002 in accordance with adopted public noticing procedures 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): Page 3 of 4 No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division, after review and consideration of the submitted application and applicable approval criteria,recommends approval of the regulations for the production,processing, and retail sales of state-licensed recreational marijuana. Page 4 of 4 APPENDIX A DEFINITIONS Marijuana processing: Processing marijuana into useable marijuana and marijuana-infused products, packaging and labeling useable marijuana and marijuana-infused products for sale in retail outlets, and sale of useable marijuana, and marijuana-infused products at wholesale by a marijuana processor licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50 RCW, as now adopted or hereafter amended. See "Industrial, light use category." Marijuana production: Production and sale of marijuana at wholesale by a marijuana producer licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50 RCW, as now adopted or hereafter amended. See "Agricultural and animals, use category." Marijuana sales: Selling useable marijuana and marijuana-infused products in a retail outlet by a marijuana retailer licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50 RCW, as now adopted or hereafter amended. See "Retail sales, use category." Propose to adopt SVMC 19.85: 19.85.010 Marijuana production standards. A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property line of the uses listed in subsection(A)(1) and(2) of this section. Distance shall be measured from the nearest property line of the marijuana production to the nearest property line of the following uses: 1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A: and 2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW. B. Marijuana production in the regional commercial and community commercial zones shall only be permitted indoors. 19.85.020 Marijuana processing standards. A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line of the uses listed in subsection(A)(1) and(2) of this section. Distance shall be measured from the nearest property line of the marijuana processing to the nearest property line of the following uses: 1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; and 2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW. B. Marijuana processing in the regional commercial and community commercial zones shall be limited to packaging and labeling of useable marijuana. 19.85.030 Marijuana retail sales standards. Marijuana sales shall be located or maintained at least 1,000 feet from the nearest property line of the uses listed in subsection A through D of this section. Distance shall be measured from the nearest property line of the marijuana sales to the nearest property line of the following uses: A. Centennial Trail; B. All proposed,contemplated,and constructed multi-use trail and linear park uses on the Milwaukee right-of-way, as identified and contemplated in the interlocal agreement between Spokane County and the City of Spokane Valley,dated June 27,2012; C. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; and D. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW. 19.120.050 Permitted use matrix. SHARE Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Agriculture and Animal Animal processing/handling P SVMC 19.40.150.Keeping of swine is Animal raising and/or keeping SSSS S S S S prohibited Animal shelter S P P SVMC 19.60.080(6)(6) Beekeeping,commercial P Beekeeping,hobby S S S SVMC 19.40.150(C) Produce may be sold pursuant to RCW Community garden SSSS S S S S S 36.71.090 as adopted or amended Greenhouse/nursery,commercial P P P P Kennel S S S S S P P See zoning districts for conditions Marijuana production S S S S Chapter 19.85 SVMC Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Orchard,tree farming,commercial P P Riding stable C P P Communication Facilities Radio/TV broadcasting studio P P P P P P Repeater facility PPPP P P PPPP P P Telecommunication wireless antenna array SSSS S S S S CCSSS S S Chapter 22.120 SVMC Telecommunication wireless support tower CCCC C C S S CCSSS S S Chapter 22.120 SVMC Tower,ham operator SSSS S S S S CCSSS S S SVMC 19.40.110(A) Community Services Community hall,club,or lodge PP P P P PPPP P Church,temple,mosque,synagogue and PPPPP P P P PPPPP house of worship Crematory P P P P P Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Funeral home P P P Transitional housing C Day Care Day care,adult PPPP P P P P APPP A A Day care,child(12 children or fewer) PPPP P P P P A APP P A A Day care,child(13 children or more) CCCC P P P P A APP P A A Education Schools,college or university P P PP P P Schools,K through 12 PPPP P P P P P P P Schools,professional,vocational and trade P P P PP P P P P schools Schools,specialized training/studios P P PPPPP Entertainment Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Adult entertainment and retail S S Chapter 19.80 SVMC Carnival,circus T T T T T T Casino P P P P Cultural facilities P P PPPPP Exercise facility A A P P APPPP A A Off-road recreational vehicle use P P Major event entertainment P P P Racecourse P P P P Racetrack P P Recreation facility P P PP A PP Theater,indoor P P P P P Food and Beverage Service Espresso establishment P P PPPPP A P P Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Mobile food vendors S S SSSSS S S S SVMC 19.60.010(L),19.70.010(B)(2) Restaurant,full service P P APPPP P P Restaurant,drive-through or drive-in P P ACPP P P Tavern/night club P P P P P P P Group Living Assisted living/convalescent/nursing home PP P P P P P Community residential facilities(6 PPPP P P P P residents or less) Community residential facilities(greater PP P P P than 6 residents under 25) Dwelling,congregate PP P P P Industrial,Heavy Assembly,heavy P Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Explosive storage P P Hazardous waste treatment and storage S S SVMC 21.40.060 Manufacturing,heavy P Power plant(excluding public utility P facilities) Processing,heavy P Solid waste recycling/transfer site P P Wrecking,junk and salvage yard C P Industrial,Light Assembly,light P P P P P P P Carpenter shop P P P P Machine shop or metal fabrication P P P Manufacturing,light P P P Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Marijuana processing S S S S Chapter 19.85 SVMC Plastic injection molding,thermoplastic P P P P P P Processing,light P P Industrial Service Carpet/rug cleaning,dry cleaning,laundry, P P linen supply plant,commercial Contractor's yard P P Laboratories(bio safety level 2) P P P P Laboratories(bio safety level 3) P P P Laboratories(bio safety level 4) P P SVMC 19.60.050(6)(4),19.60.060(6)(4), Recycling facility S S S P P 19.60.080(6)(5) Lodging Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Bed and breakfast PPPP P P P P P Hotel/motel P P P P P P Recreational vehicle park/campground C S SVMC 19.60.010 Medical Ambulance service P P P P P P P Hospital P P P P P Hospital,psychiatric and substance abuse R R RR R R R R R R R R R R Hospital,specialty P P P P P A A Laboratories,medical and diagnostic P P P P P Medical,dental,and hospital equipment P P P P P P supply/sales Medical/dental clinic P P PP P P P Office Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Chapter 19.60 SVMC.See also Animal clinic/veterinary P P P S P P P supplemental conditions for kennels Office,professional P P P P PPPPP P P Parks and Open Space Cemetery PPPP P Golf course SSSS S S P S PP Chapter 22_60 SVMC Golf driving range CCCC C C P C S PP Chapter 22_60 SVMC Parks PPPPP P P P PPPPP P Public/Quasi-Public Community facilities SSSS S S S S SSSSS S S S See zoning districts for conditions Essential public facilities RRRR R R R RRRR R R Chapter 19.90 SVMC Public utility distribution facility SSSS S S S S P PPP P P P P See zoning districts for conditions Public utility transmission facility SSSS S S S S SSSSS S S S See zoning districts for conditions Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Tower,wind turbine support CSSS S S SVMC 19.60.050(6)(2) Residential Dwelling,accessory units SSSS SVMC 19.40.100 Dwelling,caretaker's residence S S S S S S SVMC 19.60.060(6)(1) Dwelling,duplex PPP P P P Dwelling,multifamily PP P P P S S SVMC 19.60.020(6)(2) Dwelling,single-family PPPP P P P P S S SVMC 19.60.020(6)(2) Dwelling,townhouse PPP P PP P Manufactured home park SSS S S SVMC 19.40.130 Retail Sales Antique store P P P P P Retail sales may be accessory in industrial Appliance sales/service P P P P S S zones,only if manufactured/assembled on Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 premises Floor area limited to 10%of gross leasable Bakery,retail P P PPPPP S S floor area(GLFA)not to exceed 1,000 sq.ft. Building supply and home improvement P P S S P P P Floor area limited to 50,000 sq.ft.or less and hardware store Candy and confectionery P P PPPPP P P Clothes retail sales P P P P P Convenience store P P SSPPP P P SVMC 19.60.020 Department/variety store P P S P P Floor area limited to 50,000 sq.ft.or less Educational and hobby store P P PAPPP A A Equipment sales,repair,and maintenance P P P P P Florist shop P P AAPPP P Food sales,specialty/butcher shop/meat P P S P P SVMC 19.60.040(6)(3) Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 market/specialty foods General sales/service P P AAPPP P P Gift shop P P AAPPP A Grocery store P P S P P SVMC 19.60.040(6)(3) Office supply and computer sales P P APPP P P Landscape materials sales lot and P P P P P P greenhouse,nursery,garden center,retail Manufactured home sales P P P Marijuana sales S S S S Chapter 19.85 SVMC Market,outdoor P P PP P P Pawn shop P P P P Pharmacy P P APPPP P Secondhand store,consignment sales P P P P P S SVMC 19.70.010(8)(9) Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Showroom P P P P P P Specialty stores P P AAPPP Retail Services Bank,savings and loan,and other financial P P PPPPP P P institutions Barber/beauty shop P P PPPPP P Catering services P P P P PPPPP Equipment rental shop P P P P P Personal services P P PPPPP Post office,postal center P P PPPPP P P Print shop P P APPPP P P Taxidermy P P P P P P Upholstery shop P P P P P Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Transportation Airstrip,private P P Heliport P P Helistop C C C C P Parking facility,controlled access P P P P P P P Railroad yard,repair shop and roundhouse P Transit center P P P P P P P Vehicle Services Automobile impound yard P P Automobile/taxi rental P P P P P P P Automobile parts,accessories and tires P P P P P P Automobile/truck/RV/motorcycle painting, Enclosed structure only.SVMC S S P P P repair,body and fender works 19.60.050(6)(3). Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Carwash P P S P P P P SVMC 19.60.040(B) Farm machinery sales and repair P P P Fueling station P P PAPP P P Heavy truck and industrial vehicles sales, P P rental,repair and maintenance Passenger vehicle,boat,and RV sales, P P P P service and repair Towing P P P P Truck stop P P Warehouse,Wholesale,and Freight Movement Auction house P P P P Auction yard(excluding livestock) P P Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Catalog and mail order houses P P P P P Cold storage/food locker P P Freight forwarding P P Grain elevator P P Storage,general indoors P P AAAPP P P Storage,general outdoors S S S S P See zoning districts for conditions Storage,self-service facility PP P P P P P P Tank storage,critical material above S S SVMC 21.40.060,Chapter 21.50 SVMC ground Tank storage,critical material below SVMC 19.60.040,21.40.060,Chapter 21.50 S S S S ground SVMC Tank storage,LPG above ground S S S S S S S SVMC 21.40.060,Chapter 21.50 SVMC Warehouse P P P P P P Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-MF- MUC CMU GO 0 NC C RCP/OSI-1 1-2 1 2 3 4 1 2 Wholesale business P P P P P P A=Accessory use,C=Conditional use,P=Permitted use R=Regional siting,S=Permitted with supplemental conditions T=Temporary use ATTACHMENT FOR BACKGROUND, HISTORY,AND LOCAL CONDITIONS RELATED TO MARIJUANA REGULATIONS FOR PLANNING COMMISSION REVIEW AND CONSIDERATION AS IT CONTEMPLATES ITS RECOMMENDATION ON CTA 2014-0002. The City Council adopted the following as findings of fact for the interim regulations as part of the adoption of Ordinance Nos. 14-002 and 14-004. The only changes that have been made were to delete the references and findings specific to the process for adopting interim regulations. The following provides a background, history, and summary of local conditions that have been discussed as part of the Study Session and may be considered by Planning Commission as it contemplates its decision on CTA 2014-0002 for inclusion in its findings for the permanent regulations. Planning Commission should also consider if there are any changes or other considerations that may be appropriate for its findings. 1. Since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I drug, based on the federal government's categorization of marijuana as having a "high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA), 84 Stat. 1242,21 U.S.C. 801 et seq. 2. On November 6,2012,voters of the State of Washington approved Initiative Measure No. 502 (I-502), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code of Washington (RCW), which provisions, (a) decriminalized possession and use of certain amounts of marijuana and marijuana paraphernalia; (b) amended state laws pertaining to driving under the influence of intoxicants to include driving under the influence of marijuana; and (c) established a regulatory system licensing producers, processors, and retailers of recreational marijuana for adults 21 years of age and older, and required the Washington State Liquor Control Board (the LCB) to adopt procedures and criteria by December 1,2013 for issuing licenses to produce,process, and sell marijuana. 3. On August 29, 2013, the United States Department of Justice issued a memo providing updated guidance on marijuana enforcement in response to the adoption of I-502. Several ongoing federal enforcement priorities were outlined, including prevention of crime and preventing distribution of marijuana to minors. Further, the memo provided that the Department would not seek ongoing prosecution of marijuana providers,users, and local officials in states that authorized marijuana,provided that those state and local governments "implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests. A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice." 4. On October 16, 2013, the LCB adopted rules pertaining to the licensing of marijuana producers, processors, and retailers, as set forth in chapter 314-55 Washington Administrative Code (WAC). 5. Pursuant to the rules established in chapter 314-55 WAC, the LCB opened a 30-day application period and is currently processing and approving license applications received for marijuana producer,processor,and retailer licenses. 6. Pursuant to RCW 69.50.331(8) and WAC 314-55-050(10), the LCB is prohibited from licensing any marijuana producers, processors, and retailers within 1,000 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center,public park, excluding trails,public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. 7. Pursuant to Spokane Valley Municipal Code (SVMC) 19.20.050, City staff made an administrative interpretation and determination based on similar current permitted uses to permit licensed marijuana producers in light industrial and heavy industrial zones and for indoor-only production in regional commercial and community commercial zones. 8. Pursuant to SVMC 19.20.050, City staff made an administrative determination based on similar current permitted uses to permit licensed marijuana processors in light industrial and heavy industrial zones. 9. Pursuant to SVMC 19.20.050, City staff made an administrative determination based on similar current permitted uses to permit licensed marijuana retailers in mixed use center, corridor mixed use,community commercial,and regional commercial zones. 10. The City Council finds and determines that the Centennial Trail and proposed Appleway Trail are trails that are and will be regularly used by the citizens of the City, including minors, and adopting the regulations identified adopted in Ordinance No. 14-002 and herein will be consistent with the identified federal enforcement priorities and especially in preventing the distribution of marijuana to minors. 11. Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws,"which includes the adoption of regulations governing land uses within the City. 12. On January 16, 2014, the Washington Attorney General issued Attorney General Opinion No. 2, in which he stated that "[a]lthough Initiative 502 (I-502) establishes a licensing and regulatory system for marijuana producers, processor, and retailers in Washington State, it includes no clear indication that it was intended to preempt local authority to regulate such businesses. We therefore conclude that I-502 left in place the normal powers of local governments to regulate within their jurisdictions." 13. The City Council finds and determines that I-502 does not preempt the City of Spokane Valley from exercising and administering its constitutional and statutory land use regulatory authority to allow and regulate land uses within the City limits. 14. Modifications to the recreational marijuana buffers and zoning established in SVMC 19.85 will continue to protect the City's citizens, including minors, and will be consistent with the identified federal enforcement priorities and especially in preventing the distribution of marijuana to minors. 15. The interim regulations implement development regulations consistent with the goals and policies of the City's Comprehensive Plan. 16. The City Council finds that the land use limitations and buffering requirements established by Ordinance No. 14-002 and this Ordinance are necessary for the preservation of the public health, public safety,public property and public peace. Proposed Text Amendment: Recreational Marijuana Regulations Erik Lamb, Deputy City Attorney Christina Janssen, Planner Background • Recreational Marijuana is governed by numerous laws and codes • Federal Law • State Law • City Code 2 Federal Law: Controlled Substances Act • 21 U. S . C. 801 et sect • Marijuana is a Schedule I controlled substance "high potential for abuse, lack of accepted medical use, and absence of any accepted safety for use in medically supervised treatment." Gonzales v. Raich, 545 U. S. 1 (2005) Production, processing, sale, distribution and use is illegal 3 State Law: Background • Two Different Regulatory Schemes • Recreational Marijuana — chapter 69 .50 RCW (Initiative 502) • Medical Marijuana - chapter 69 .51A RCW • Focused primarily on Recreational Marijuana Today 4 State Law: Initiative 502 (RCW 69.50) Legalizing Recreational Marijuana • I-502 passed in November of 2012 • Decriminalized possession and use of marijuana • Established a regulatory system licensing producers, processors, and retailers of recreational marijuana Established the Washington State Liquor Control Board (the "LCB") as the regulatory agency in charge of administering and licensing recreational marijuana facilities 5 Federal Law: Department of Justice Response • August 29 , 2013 , United States Department of Justice issued its response to I-502 Issued memo providing guidance for ongoing prosecution of federal marijuana offenses Stated priorities for federal enforcement included prevention of crime and preventing distribution of marijuana to minors Require strong and effective regulatory and enforcement systems both on paper and in practice 6 Recreational Marijuana - LCB License Types • Producer (growing) (may be indoor or outdoor) Processor (putting marijuana into useable form (e.g. , packaging or making marijuana extract and using it in baked goods)) • Ranges from simply packaging useable marijuana to complex chemical extraction processes • Retailer (selling) 7 • Limited to 3 stores City-wide Recreational Marijuana - LCB Licensing Rules • LCB adopted rules on October 16, 2013 pertaining to licensing of marijuana production, processing, and retail sales and is currently processing and issuing licenses • LCB rules prohibit any state licensed marijuana facility from being within 1 ,000 feet of the perimeter of any elementary or secondary school, playground, recreation center or facility, child care center, public park (excluding trails), public transit center, library, or game arcade open to persons under the age of 21 . 8 Administered solely by the State through the state licensing process. Recreational Marijuana - State Attorney General opinion • January 16, 2014, the Washington Attorney General issued an opinion that determined that I-502 contains no clear indication it was intended to preempt local authority to regulate recreational marijuana • Consistent with City's constitutional and statutory authority Subject to Legislative change in the future 9 Recreational Marijuana - City Response • On February 11 , 2014, City Council adopted interim regulations governing recreational marijuana in the City that established buffers based on: • Identified issues that tracked federal priorities to limit distribution to minors and prohibit additional drug-related crime • Identified Centennial Trail and Appleway Trail as areas for high use by families and kids (envisioned use for Appleway as it is not yet built) • Identified concerns about nonconforming uses if marijuana uses were allowed next to undeveloped school and library properties State law does not adequately address the City Council concerns 10 Recreational Marijuana - City Response cont. • Interim regulations recognize variety of potential "processing" uses (simple packaging versus complex chemical extraction) and allow limited processing in regional commercial and community commercial zones Interim regulations allow production in indoor-only facilities in regional commercial and community commercial zones 11 Proposed Amendments Mirror Existing Interim Regulations • Based on rationale to protect minors and prevent drug-related crimes and to address particular local issues (see attachment to RPCA) • Appendix A-Definitions: Add definitions for Marijuana processing, production, and sales. Adopt SVMC 19.85 : Development regulations for the processing, production and sales of Marijuana. Amend SVMC 19. 120.050-Permitted use matrix to include Marijuana uses. 12 Append ix A-Defi n itions • Marijuana processing: Processing marijuana into useable marijuana and marijuana-infused products, packaging and labeling useable marijuana and marijuana-infused products for sale in retail outlets, and sale of useable marijuana, and marijuana-infused products at wholesale by a marijuana processor licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50 RCW, as now adopted or hereafter amended. See"Industrial, light use category." • Marijuana production: Production and sale of marijuana at wholesale by a marijuana producer licensed by the State Liquor Control Board and in accordance with the provisions of Chapter 69.50, RCW, as now adopted or hereafter amended. See"Agricultural and animals, use category." • Marijuana sales: Selling useable marijuana and marijuana-infused products in a retail outlet by a marijuana retailer licensed by the State Liquor Control Board and in accordance with the provisions of Chapter RCW, as now adopted or hereafter amended. See"Retail sales, use category." 13 SVMC 19.85 19.85.010 Marijuana production standards. A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property line of the uses listed in subsection (A)(1) and (2) of this section. Distance shall be measured from the nearest property line of the marijuana production to the nearest property line of the following uses: 1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; and 2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW. B. Marijuana production in the regional commercial and community commercial zones shall only be permitted indoors. 14 SVMC 19.85 19.85.020 Marijuana processing standards. A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line of the uses listed in subsection (A)(1) and (2) of this section. Distance shall be measured from the nearest property line of the marijuana processing to the nearest property line of the following uses: 1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; and 2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW. B. Marijuana processing in the regional commercial and community commercial zones shall be limited to packaging and labeling of useable marijuana. 15 SVMC 19.85 19.85.030 Marijuana retail sales standards. Marijuana sales shall be located or maintained at least 1,000 feet from the nearest property line of the uses listed in subsection A through D of this section. Distance shall be measured from the nearest property line of the marijuana sales to the nearest property line of the following uses: A. Centennial Trail; B. All proposed, contemplated, and constructed multi-use trail and linear park uses on the Milwaukee right-of-way, as identified and contemplated in the interlocal agreement between Spokane County and the City of Spokane Valley, dated June 27, 2012; C. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A; and D. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW. 16 SVMC 19.120.050 Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts R-R-R-R-MF-M1- MUCCMUGC 0 MC C RCPiO51-1 1-2 1 2 3 4 1 2 Agriculture and Animal Animal processingfhandling P SVMC 19.40.150.Keeping of swine is Animal raising andforkeeping SSSS S S S S prohibited Animal shelter S P P SVMC 19.60.080(B)(6) Beekeeping,commercial P Beekeeping,hobby S S S SVMC 19.40.150(C) Produce may be sold pursuant to RCW Community garden SSSS S S S S S 36-71.090 as adopted or amended Greenhousefnursery,commercial P P P P Kennel S S S S S P P See zoning districts forcondtions Marijuana production S S S S Chapter 19.85 SVMC 17 SVMC 19.120.050 Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use CategoryfType Supplemental Conditions Districts Districts RRRRMFMF- MUCCMUGOO HC C RCP/OSI-11-2 1 2 3 4 1 2 Industrial,Light Assembly,light P P P P P P P Carpenter shop P P P P Machine shop or metal fabrication P P P Manufacturing,light P P P Marijuana processing S S S S Chapter 19.85 SVMC Plastic injection molding,thermoplastic P P P P P P Processing,light P P Industrial Service Carpetfrug cleaning,dry cleaning,laundry, P P linen supply plant,commercial Contractor'syard P P Laboratories(bio safety level 2) P P P P 18 SVMCI9.120.050 Permitted Use Matrix Residential Zone Commercial and Industrial Zone Use Category/Type Supplemental Conditions Districts Districts RRRRMFMF Retai l Sales M U C CM U GO O NCC RCP/051-1 1-2 1 2 3 4 1 2 marketfspedalty foods General sales/service P P AAPPP P P Gift shop P P AAPPP A Grocery store P P S P P SVMC 19.60.040(B)(3) Office supply and computer sales P P APPP P P Landscape materials sales lot and P P P P P P greenhouse,nursery,garden center,retail Manufactured home sales P P P Marijuana sales S S S S Chapter 19.85 SVMC Market,outdoor P P PP P P Pawn shop P P P P Pharmacy P P APPPP P \ 19 Secondhand store,consignment sales P P P P P S SVMC 19.70.010(B)(S) Questions? 20 CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: June 26, 2014 Item: Check all that apply: ® unfinished business ❑ new business ❑ public hearing ❑ information ❑study session AGENDA ITEM TITLE: Shoreline Master Program Update—Deliberations—Development Regulations BACKGROUND: The Draft Shoreline Development Regulations were routed to the Technical Review Group and comments were received. The Planning Commission conducted a public hearing and received comment. Staff reviewed the comments and identified several issues which were discussed at the June 12' 2014 meeting. The Commission indicated that they were satisfied with the buffers, interested in considering additional trail standards, and comfortable with the regulations as drafted relevant to utility maintenance. The Commission indicated a preference to allow docks within the Coyote Rocks area. Staff has discussed this matter further with Attorney Tadas Kisielius and Noah Herlocker, URS. The discussions have identified a number of concerns relative to the Cumulative Impacts Analysis Report, which is required by Ecology to show that the regulations address impacts of anticipated development. Considering the comments from Ecology and the Washington State Department of Natural Resources, additional discussions and information provided by the consultants, and additional comments from Ecology, the following options should be discussed: Option 1: Allow docks in the Shoreline Residential Environment and Urban Conservancy Area, which includes the Coyote Rock neighborhood Option 2: Prohibit Docks in all areas of the Spokane River, except for the Area west of Millwood (Orchard Avenue Neighborhood): or Option 3: Allow docks in the Shoreline Residential Environment and Urban Conservancy Environment, and modify the regulations to require the applicant address impacts during the permit process, and consider limiting docks to allow only joint use, or community, docks. The area west of Millwood would be exempt from the additional regulations. Mr. Kisielius will be present to assist with deliberations. Mr. Herlocker will provide written comments for consideration, as well as comments to address the concerns of Futurewise. The issue of regulating piers and docks as in-stream structures remains to be discussed. However, it is contingent on the how the City moves forward with the dock issue. Additional information regarding nonconforming structures and vacant residential land will be provided at the meeting. GOVERNING LEGISLATION: Shoreline Management Act (SMA) under RCW 90.58 PREVIOUS ACTION TAKEN: Study sessions were held on March 27, 2014, April 24, 2014, and May 8, 2014. A public hearing was conducted on May 22, 2014. Deliberations began on June 12, 2014. APPROVAL CRITERIA: RCW 90.58 and WAC 173-26 define the process for approval of an SMP and require that the document be consistent with the goals and policies of the SMA. RECOMMENDED ACTION OR MOTION:The Planning Commission should consider the regulations, testimony received, both written and verbal, and continue deliberations. STAFF CONTACT: Lori Barlow,AICP, Senior Planner ATTACHMENT: 1 of 1