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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. 03-10-16 Planning Commission Minutes Page 2 of 3 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. 03-10-16 Planning Commission Minutes Page 3 of 3 6-Vg?1 ) 1Z1\LIA'v //4P2-0/ Chair Graham Date signed WCC)q-EL__) Deanna Horton, Secretary