Planning Commission

RECORD OF PROCEEDINGS OF THE PLANNING COMMISSION CITY OF BELLINGHAM, WASHINGTON THURSDAY WORK SESSION 7:00 P.M. February 2, 2017 CITY COUNCIL CHAMBERS Video-taped www.cob.org CALL TO ORDER: The meeting was called to order by Ali Taysi, Chairman of the Planning Commission. ROLL CALL: Tom Grinstad, Jeff Brown, Garrett O'Brien (VC), Ali Taysi (C), Phyllis McKee, Steve Crooks and Lisa Anderson Present: Ali Taysi, Garrett O'Brien, Tom Grinstad, Steve Crooks, Phyllis McKee, and Lisa Anderson Absent: Jeff Brown Staff Present: Kurt Nabbefeld, PCDD Development Services Manager; LT. Slodysko, Police Department; and Heather Aven, Recording Secretary. APPROVAL OF MINUTES No minutes for approval 15 MINUTE PUBLIC COMMENT PERIOD No testimony given. WORK SESSION For the consideration of the updates to the Bellingham Municipal Code regarding the proposed final rules and regulations for all marijuana operations. STAFF PRESENTATION: Kurt Nabbefeld provided a brief history of marijuana regulations, both medical and recreational. He reviewed when regulations were enacted, including the moratoriums that Bellingham approved in 2013, and subsequent interim rules. He reviewed what retail stores currently exist in the City, as well as how many production & processing stores are operating. He shared some statistics related to policing and noted that marijuana continues to be a challenge. Lt. Slodysko, City of Bellingham Police Department shared some information on the statistic dealing with driving while under the influence of marijuana. He commented on the crime rates with regard to the establishments, both retail and production. He also noted that given the timing of medical marijuana legalization and then recreational, not all of the data being collected related to crime is as reliable as it will be in a couple of years. The Commission asked questions related to:  Marijuana being a nexus to meth and heroine  Marijuana being the number one drug choice of young people, with meth being #2  The relationship between Border Patrol (Federal) and the City/County (State, Local) with regard to transportation of marijuana  If alcohol and marijuana usage often are combined  What police do if a drug influence is suspected Final Copy - 1   If there have been reductions in marijuana arrests Lt Slodysko stated that the medical studies would be necessary to answer the questions about drug usage. He spoke to the relationship of City and Border Patrol agents and noted that they have always worked well together and continue to do so through the legalization of marijuana in Washington State. He agreed that often times there is more than one drug involved (marijuana, alcohol, etc...) in a traffic stop. He explained the steps the Police Department takes when alcohol is not a factor, but a drug influence is suspected. He briefly addressed how marijuana related charges have contributed to the jail population. Kurt Nabbefeld spoke to the buffers and indicated that staff is not in favor of reducing buffers for retail establishments. He shared a map of the Industrial & Commercial zoned areas with buffers reduced to 100’, which is staff's recommendation. He spoke to the allowance of medical cooperatives and the State / Local regulations associated with them. PUBLIC COMMENT Mark Ambler shared the following comments with staff:  RCW 69.51.140, cited on page 15 of the ordinance was repealed in 2015  Questioned if on page 16 line 10 (the commerce comment) should it be 2016, not 2017  Pointed out that "exhibit" should be "attachment" on page 16, line 28  Stated that if page 19, line 42 is referencing per fixture that language should be included. He noted that large growers would not be able to use only one light for 60+ plants.  Questioned the crime data on page 24. He wondered if the DUI was a monthly average. He stated that both the trend analysis and the drug possession sections are stable trends. He suggested that marijuana production should be able to occur in greenhouses, which results in a better quality product and it would be better for the environment. Public Comment closed COMMISSIONER QUESTIONS / COMMENTS There was a question about the development of a restricted use within the 100' buffer of an existing marijuana establishment; and how the new development could impact existing marijuana facilities. Kurt Nabbefeld explained that the licensing structure requires a yearly renewal and in this instance the establishment would be "grand-fathered" in and more than likely have their license renewed as long as they were following all of the other requirements. There was a conversation about allowing those who are allowed to grow marijuana for medical reasons the opportunity to grow outdoors, to reduce the health impacts of growing several plants indoors. It was suggested that consideration be given to allowing growth to occur in greenhouses or refurbished garages. With regard to outdoors, it was suggested that the single individual, be allowed to grow a single plant to help offset the costs associated with the drug. Kurt Nabbefeld stated that after staff completed their evaluations (conversations with police department, other growers, living in an urban environment, etc...) it was determined that outdoor growth not be allowed. He stated that staff will look into if by the State's definition of "residence", growth could occur in a detached accessory building. He also clarified that it was his understanding that individuals could not grow their own plants unless they are part of a registered cooperative through the State; however, if this Final Copy - 2 is not the case there may be an opportunity to add another section with different regulations given the small number of plants that would be involved. There was concern expressed that processing restrictions, specifically those dealing with flammables, were not part of the ordinance. Staff indicated that this would be good information to include and will speak with the Fire Department about safe levels of combustibles. There was a conversation about the reduction of buffers for certain establishments through a conditional use permit. It was pointed out that additional marijuana retail permits assigned to the City could be increased in the future and should be planned for; therefore, adequately zoned land will be needed. The conditional use permit process was discussed and there was general consensus that this process would help to determine the right location. MOTION: Garrett O'Brien / Phyllis McKee moved to amend section D 20.10.085D to allow retail facilities related to #5, #6 and #7 to apply for a reduction in buffer requirements to 300’ through a conditional use permit. Ali Taysi stated he would not be in favor of 100’, however 300’ is more acceptable. Lisa Anderson supports the motion and noted that signage should be appropriate for location and the size should be more strictly enforced. VOTE: Motion Passes 5-1 (Crooks opposed) There was a discussion about the difference between the State's sign regulations and the City's sign regulations, as well as what is acceptable to be displayed on the sign itself. Staff indicated that the State does have rules regulating content and size. MOTION: Ali Taysi / Garrett O'Brien moved that staff explore what restrictions / options are available related to signage content and requested that staff present the concern about signage targeting children to Council. There was general consensus to consider including the restrictions in the ordinance if appropriate. VOTE: Motion Passes 6-0 There was general consensus that the ordinance be revised to update what is allowed for collectives versus individuals. MOTION: Lisa Anderson / Phyllis McKee moved that individuals, with valid medical cards, would be allowed to grow plants outdoors with acceptable security measures in place. Steve Crooks expressed concern that it would be too burdensome to the City's first responders. Garrett O'Brien expressed concern about neighboring children ingesting plant, as well as how it would be governed / restricted. He stated that growth in a greenhouse should be allowed and he is in favor of limiting an individual to four plants. Lisa Anderson mentioned she would be in favor of 4-5 plants, behind locked fence. She stated she also would be in favor of allowing growth in greenhouse and agrees it should be screened from pedestrians. Final Copy - 3 Phyllis McKee stated that she would prefer the Commission not get too much further into the details of this item with the limited knowledge presented on it. Ali Taysi stated that he would be supportive of individuals growing their own supply, but he indicated he is not in favor of outdoor growth. He expressed his support for growth in greenhouses or detached structure. MOTION: Ali Taysi / Garrett O'Brien moved to amend the motion from outdoor to within a greenhouse or detached accessory structure on site. VOTE: Motion Passes 5-1 (Crooks opposed). VOTE: Motion Passes 5-1 (Crooks opposed) MOTION: Garrett O'Brien / Lisa Anderson moved to adopt the February 2, 2017 Planning Commission Findings of Fact, Conclusions and Recommendations as amended and forward a recommendation of approval for the Marijuana Regulations Ordinance to City Council. Steve Crooks stated that he will oppose the recommendation given the fact that the findings do not contain any information about the drug being highly impactful on both physical / mental health. VOTE: Motion Passes 5-1 (Crooks opposed) GENERAL BUSINESS Nominations / Elections for Chair / Vice-Chair  Garrett O'Brien / Phyllis McKee nominated Ali Taysi as Chair Taysi accepted VOTE: 5-0-1 (Taysi abstained)  Steve Crooks / Phyllis McKee nominated Garrett O'Brien as Vice-Chair O'Brien accepted VOTE: 5-0-1 (O’Brien abstained) Kurt Nabbefeld announced that 3/16 would be returning with minor code amendments to review. Steve Crooks stated that he is not interested in being Chair for the Shoreline sub-committee and would be seeking someone to take over those duties. Appointments to the Shoreline Committee will be tabled to a later date when new members have been appointed. ADJOURNED: 9:15 p.m. Minutes prepared by: _____________________________ Heather Aven, Recording Secretary Minutes edited by Planning Commission members and various Planning Staff. Final Copy - 4