PC APPROVED Minutes 03-10-16 APPROVED Minutes
Spokane Valley Planning Commission
Council Chambers—City Hall,
March 10,2016
Chair Graham called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the
pledge of allegiance. Administrative Assistant Deanna Horton took roll and the following members and
staff were present:
Kevin Anderson Erik Lamb, Deputy City Attorney
Heather Graham Lori Barlow, Senior Planner
James Johnson Karen Kendall,Planner
Tim Kelley
Mike Phillips
Suzanne Stathos
Joe Stoy, absent excused Deanna Horton, Secretary of the Commission
Hearing no objections Commissioner Stoy was excused from the March 10, 2016 meeting.
Commissioner Anderson moved to accept the March 10, 2016 agenda as presented. The vote on the motion
was six in favor, zero against and the motion passed.
Commissioner Anderson moved to approve the February 25, 2016 minutes as they were presented. The
vote on the motion was six in favor, zero against, and the motion passed.
COMMISSION REPORTS: The Commissioners had no reports.
ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported the city of Liberty Lake is holding
a Planning Short Course on April 27,2016. She said if any of the Commissioners are interested in attending
to let Ms. Horton know and she would assist them in their registration.
PUBLIC COMMENT: There were no public comments.
COMMISSION BUSINESS:
A. Planning Commission Findings: CPA-2016-0001, A privately proposed Comprehensive Plan
Amendment, near Elizabeth and Utah, requesting a change from Low Density Residential to
Light Industrial.
Planner Karen Kendall reviewed the Planning Commission's findings from the public hearing held
February 25, 2016, on the privately proposed Comprehensive Plan amendment, CPA-2016-0001.
The Planning Commission found the proposed amendment was consistent with the approval criteria
in the Spokane Valley Municipal Code (SVMC) 17.80.140(H), it is consistent with the City's
Comprehensive Plan,and will promote the health, safety,welfare and protection of the environment.
Commissioner Anderson moved to approve the Planning Commission findings for CPA-2016-0001.
The vote on the motion was six in favor, zero against, the motion passed.
B. Study Session — CTA-2015-0006 proposed amendment to Spokane Valley Municipal Code
(SVMC) 19.85 Marijuana Uses, 19.120.050 Permitted Use Matrix and Appendix A Definitions
Deputy City Attorney Erik Lamb stated the Commission had previously discussed the changes to the
state marijuana regulations in order to bring the medical marijuana businesses under regulation. The
state has aligned the regulations for `medical' to be more in line with those of the recreational
marijuana.
Mr.Lamb reviewed the proposed changes to the SVMC. The definitions have been updated to reflect
the current state RCW's. Also,they will be current when the state updates its definitions as ours will
be updated by reference. Section 19.120.050 Permitted Use Matrix has been updated to remove any
`S' which means permitted with supplemental conditions. These uses are no longer permitted, but
the reference to SVMC 19.85 in the"supplemental conditions"will still exist to direct users to SVMC
19.85 for reference on additional marijuana regulations. Also, existing lawful uses will be legal
nonconforming uses which will still be allowed to continue.
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Section 19.85 has been updated to reflect the Commission's desire to prohibit any new production,
processing and retail sales in the City. A section has been added to address the collectives, which
allows home grows for individuals with a medical endorsement. There is a restriction for
combustible type of processing in a home grow situation. Home growing is limited to residential R-
1 through R-4 zones only. Mr. Lamb said the public hearing is set for April 14,2016.
Commissioner Anderson raised a question regarding taxes. Mr. Lamb explained the excise tax on
marijuana sales is 37%, which does not include sales tax. The City is allocated an amount of the
excise tax based on the number of retail stores the City has. Last year the City received
approximately $75,000 from the marijuana sales. An authorization card gives a patient relief from
those taxes. Commissioner Anderson asked if that included the sales tax as well,Mr. Lamb said he
would have to check into that.
Commissioner Kelley shared an article from the Seattle Times,written by Bob Young,from Monday
February 15,2016. He said he had read this article and it addressed the use of unacceptable pesticides
some growers have been using on marijuana plants. Commissioner Kelley said he brought the article
because he had brought up pesticides during the tour and wanted to bring the information and share
it with the rest of the Commission. Commissioner Kelley said there is no way to know right now
which pesticides are safe, and he feels there should be a 'slow go' philosophy. He said until these
safety issues can be worked out the City should not rush into allowing more businesses before the
safety issues are known. Commissioner Anderson shared a spreadsheet he created after trying to
understand the compliant vs. recreational and when an authorization card was needed.
Commissioner Graham said she was surprised at how close the retail shop, which the Commission
visited on March 3, 2016,was to a bar. She wanted to know if it was possible to place a restriction
on how close a retail store was to a marijuana retail shop. She also wanted to know if a retail shop
was required to "not sell" to someone who appeared to be impaired. Mr. Lamb confirmed it was
possible to restrict the location of a retail shop, but he would need to check regarding selling to
someone who was impaired. Commissioner Johnson asked why it would be a problem if a retail
shop was next to a bar. Many times there is a bar next to a bar,and this is not much different,except
you can't consume the product on site. He offered one of the sites visited was employing just over
100 people and they would like to double that figure, but they can't because of our current
moratorium. They also would not be able to do it with the way the regulations are currently drafted.
He felt that cigarettes and alcohol were more of a gateway to harder things and much easier to get
than marijuana. The companies which were visited were clean, generating jobs and revenue for the
City. He felt this was important as well. Commissioner Johnson acknowledged Commissioner
Graham,being a school nurse,probably saw worse issues in the school system than he did.But funds
to provide education, education materials, teachers, and nurses, was under high demand all around
the state. Commissioner Kelley said just because the state approved marijuana doesn't mean we
should open the floodgate. He said the people in the community can make a living, people can buy
it here, but he felt there should be no more allowed in the City until there is a better understanding
of it.
The Commissioners asked about chemical extraction,Ms.Jenny Nickerson,Sr.Plans Examiner,said
currently there have been no requests for chemical extraction in the City. Chemical extraction would
not be allowed in a residential zone.
Ms. Barlow asked if the Commissioners felt there was benefit from the field trip which toured a
marijuana producer/processor and retail shop. The majority of the Commissioners agreed they found
some benefit in the tour,they learned things they had wondered about, i.e.: size of plants, how they
are processed, and how it is packaged and sold and gained a better understanding of the use as a
business. However, Commissioner Kelley indicated he was disappointed in the experience.
GOOD OF THE ORDER: There was nothing for the good of the order.
ADJOURNMENT: There being no other business the meeting was adjourned at 7:02 p.m.
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Chair Graham Date signed
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Deanna Horton, Secretary