Enumclaw, WA - Ordinance No. 2548

ORDINANCE NO. 2548
AN ORDINANCE OF THE CITY OF ENUMCLAW, KING COUNTY, WASHINGTON
ADOPTING ZONING CODE AMENDMENTS ADDRESSING MEDICAL CANNABIS
AND RECREATIONAL MARIJUANA LAND USES IN ALL ZONING DISTRICTS
WITHIN THE CITY, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE
Whereas, under the Federal Controlled Substances Act, 21 U.S.C. § 841 (a)(1)
Marijuana is listed as a Schedule I drug, with no recognized medical purpose and
therefore is illegal under federal law to possess, manufacture or deliver; and
Whereas, under State of Washington Medical Marijuana laws found at RCW
69.51A, qualifying patients may possess up to 15 plants, and form collective gardens,
however, the law provides for no legal supply chain, no state tax, no state registry, no
state license and no guidelines or regulations; and
Whereas, as a result of the passage of Initiative 502, the State of Washington
has legalized the production, processing, sale and possession of Recreational
Marijuana, imposed taxes and directed the Washington State Liquor Control Board to
adopt regulations and issue licenses for Marijuana producers, processors and retail
businesses; and
Whereas, the Washington State Liquor Control Board (WSLCB) has adopted
rules and regulations that become effective on November 16, 2013, and began
accepting applications for licenses for Marijuana producers, processors and retail
business on November 18, 2013; and
Whereas, the WSLCB rules provide that the Board will not issue a new
marijuana license if the proposed business is within one thousand feet of the perimeter
of the grounds of any of the following entities: Elementary or Secondary School;
Playground; Recreation Center or Facility; Childcare Center; Public Park; Public Transit
Center; Library or Any Game Arcade; and
Whereas, the City has reviewed a draft map showing the amount of property
within the City, which, despite the 1000-foot restriction, remains eligible for Marijuanalicensed businesses to locate, thus demonstrating the significant impact these uses will
have upon neighboring property owners; and
Whereas, the proposed WSLCB rules will allow for production businesses to
grow Marijuana in outdoor open air facilities pursuant to certain security criteria, but still
posing a significant health and safety risk to neighboring properties; and
Whereas, the WSLCB rules provide that the Board will determine how many
licenses will be issued to businesses in each County and allow for municipalities to
Ordinance No. 2548
Date: 08-22-2014
Requested By: Community Development
Drall I
Page lof4
object to potential applicants; however, the rules provide limited zoning authority to
municipalities to address the affects of these types of uses; and
Whereas, the conflict between Washington Medical Marijuana statutes and
Washington Recreational Marijuana statutes, as well as the conflict with federal law,
remains unresolved and is a cause for concern to local jurisdictions who want to
comply with state and federal law; and
Whereas, the City’s current business licensing requirements allow issuance of
a license only if the business complies with local, state and federal law; and
Whereas, a recent appellate court decision, Cannabis Action Coalition v. City of
Kent, the court upheld the City of Kent’s ban on collective gardens and further indicated
that collective gardens are not a legal activity; and
Whereas, the criminal activity associated with unregulated marijuana
businesses, including medical marijuana businesses, is well documented and includes
burglary/robbery, organized crime and money laundering; and
Whereas, marijuana processing and producing may result in emissions to the air
that will not be addressed by the Liquor Control Board and are difficult or impossible for
the City to address; and
Whereas, the Liquor Control Board rules and procedures are untested and the
negative impacts resulting from this industry on the community are potentially large; and
Whereas, it is anticipated that medical cannabis and recreational marijuana
land uses will result in an increased risk to health and safety, require increased
code enforcement activities, and affect the use and enjoyment of surrounding
properties; and
Whereas, on January 16, 2014 the State Attorney General issued a formal
opinion concluding that I-502 does not preempt local government authority to regulate
the siting of marijuana-related businesses within their jurisdiction (AGO 2014 No. 2);
and
Whereas, on June 26, 2014, the Planning Commission considered held a public
hearing and deliberated on proposed zoning code amendments addressing marijuana
producers, processors, retailers; medical cannabis dispensaries and collective gardens;
and
Whereas, on June 26, 2014, the Planning Commission recommended proposed
zoning code amendments defining both recreational marijuana uses as defined by RCW
69.050.101 and Medical cannabis uses addressed by RCW 69.51A and further
recommended that these uses not be allowed in any zoning district within the City; and
Ordinance No. 2548
Date: 08-22-2014
Requested By: Community Development
Draft 1
Page 2of 4
Whereas, a Determination of Non-Significance under the State Environmental
Policy Act (SEPA) was issued on August 27, 2014; and
Whereas, the required GMA 60 day notice was provided to the Washington
State Department of Commerce on July 1, 2014 and acknowledged on July 2, 2014;
and
Whereas, the City Council held a public hearing on the proposed code
amendments on September 8, 2014; and
Whereas, the proposed amendment defines medical cannabis and recreational
marijuana land uses and add the terms the City’s Land Use matrix (EMC 18.05), but the
uses would not be allowed in any zoning district within the City; and
Whereas, City government has a responsibility to insure that an emerging
industry with a documented history of risks, crime and hazards, and as of yet, untested
rules and procedures does not detrimentally affect the community; and
Whereas, by leaving rows blank in the land use matrix it is the intent of these
code amendments to not allow the siting of marijuana land uses under RCW 69.51a
Medical Cannabis (Marijuana) and as defined by Initiative 502 within the City of
Enumclaw; and
Whereas, the proposed amendments do not unreasonably inhibit the ability of
any resident of the City of Enumclaw of at least 21 years of age to acquire or possess
recreational marijuana, as allowed by Initiative 502.
Now, therefore, the City Council of the City of Enumclaw, King County,
Washington, do ordain as follows:
Section 1: Findings of Fact Adopted. The foregoing recitals are hereby adopted
as Findings of Fact in support of the code amendments.
Section 2: Definitions added. Enumclaw Municipal Code section 15.04.020
(Definitions) of Enumclaw Municipal Code is hereby amended to add the definitions
found in Exhibit ‘A’ of this ordinance.
Section 3: Land Use Matrix Amended. Enumclaw Municipal Code sections
18.050.030; 18.06.060; 18.06.070; and 18.06.080 are hereby amended as laid out in
Exhibit ‘B’ of this ordinance.
Ordinance No. 2548
Date: 08-22-2014
Requested By: Community Development
Draft 1
Page 3of 4
Section 4: Effective Date. This ordinance shall take effect and be in full force and
effect immediately upon passage, as set forth herein as long as it is approved by a
majority plus one of the entire membership of the council.
______________________________
Mayor Liz Reynolds
Introduced: ____________________
Passed: _______________________
Approved: ____________________
Published: _____________________
Attested:
___________________________
Meredith Shirey
City Clerk
Approved as to Form:
___________________________
Michael J. Reynolds
City Attorney
Ordinance No. 2548
Date: 08-22-2014
Requested By: Community Development
Draft 1
Page 4of 4
EXHIBIT ‘A’ TO ORDINANCE 2548
CODE AMENDMENTS FOR MEDICAL CANNABIS AND RECREATIONAL MARIJUANA
DEFINITIONS ADDED
1. The following New Definitions are added to EMC 15.04.020
“Cannabis or Marijuana” means all parts of the plant Cannabis, whether growing or not, with a
THC concentration greater than 0.3 percent on dry weight basis; the seeds thereof; the resin
extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture
or preparation of the plant, its seeds or resin. For the purposes of this Ordinance, “cannabis” or
“marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or
cake, or the sterilized seed of the plant which is capable of germination, as defined by RCW
69.50.101 as now existing or hereafter amended.
"Marijuana processor" means a person licensed by the state liquor control board to process
marijuana into useable marijuana and marijuana-infused products, package and label useable
marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana
and marijuana-infused products at wholesale to marijuana retailers as defined by RCW
69.50.101 as now existing or hereafter amended.
"Marijuana producer" means a person licensed by the state liquor control board to produce and
sell marijuana at wholesale to marijuana processors and other marijuana producers, as defined
by RCW 69.50.101 as now existing or hereafter amended.
"Marijuana-infused products" means products that contain marijuana or marijuana extracts and
are intended for human use. The term "marijuana-infused products" does not include useable
marijuana as defined by RCW 69.50.101 as now existing or hereafter amended.
"Marijuana retailer" means a person licensed by the state liquor control board to sell useable
marijuana and marijuana-infused products in a retail outlet as defined by RCW 69.50.101 as
now existing or hereafter amended.
“Medical Marijuana Dispensary” includes any person, entity, site, location, facility, business,
cooperative, collective, whether for profit or not for profit, that distributes, sells, dispenses,
transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away
cannabis for medicinal or other purposes pursuant to Chapter 69.51A RCW now existing or
hereafter amended.
“Collective Garden” Means the growing, production, processing, transportation, and delivery of
cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW now
existing or hereafter amended.
Exhibit ‘A’ – Code amendments for Medical Cannabis and Recreational Marijuana
Ordinance No. 25xx
EXHIBIT ‘B’ TO ORDINANCE 2548
CODE AMENDMENTS FOR MEDICAL CANNABIS AND RECREATIONAL MARIJUANA
AMENDMENTS TO THE LAND USE MATRIX
1. A new row for the specific land use “Medical Marijuana Dispensary” is added to subsection EMC
18.050.030 of the Use Matrix and the row for Pharmacy is amended (new text is underlined):
18.05.030 Accommodation, Food Services, Finance, Insurance, Medical and Professional Offices land
use matrix.
A. Accommodation, Food Services, Finance, Insurance, Medical and Professional Office land use matrix
(NAICS 51-56, 62, 72, and 311).
KEY
P-Permitted Use
C-Conditional Use
S-Special Use
RESIDENTIAL
Z
O
N
E
Z
O
N
E
SPECIFIC LAND USE
L
O
W
M
O
D
D
E
N
S
I
T
Y
D
E
N
S
I
T
Y
S
F
S
F
R-1
R-2
M
I
X
E
D
R
E
S
I
D
E
N
T
I
A
L
R-3
M
U
L
T
I
F
A
M
I
L
Y
R
E
S
R-4
COMMERCIAL/INDUSTRIAL
R
E
S
I
D
E
N
T
I
A
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M
O
B
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H
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F
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S
S
1
2
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D
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T
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I
A
L
NB
HCB
CB-1
CB-2
LI
P
P1
P
P1
P
P1
P
P1
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
C
C
P
P
P
P
P
P1
P
P
P1
P
P
P
P
P
P
U
B
L
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C
U
S
E
P
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P
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A
L
H
Accommodation and Food Services (NAICS 72, 311)
Bakery, retail
Bakery, wholesale
Bed and breakfast, subject to
EMC 19.32.030
Catering services
Cocktail lounge, tavern, bar,
nightclub
Hotel, Motel
Restaurants, drive-through
P2/C
P2/C
P2/C
P2/C
P2/C
P
Restaurants, walk-up
Winery, brewery, distillery
Bakery, retail
P
P
P
Finance, Insurance, Medical and Professional Services (NAICS 51-56, 62)
Financial institutions
P
Building maintenance service
P
P
Data processing center
Hospital
Laboratories, medical and
dental
Medical Marijuana Dispensary
P
P
C
P
C
P
C
P
C
P
P
P
P
P
P
P
P
Mortuaries
Printing and publishing
establishments
Pharmacies, except Medical
Marijuana Dispensary
Professional offices and clinics
for practitioners licensed by the
state to practice the healing
arts
Professional offices and offices
of insurance, lumber and real
estate brokers; and travel
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
3
P
P
P
P
P
P
P
3
P
P
P
P
P
Exhibit ‘B’ – Code amendments for Medical Cannabis and Recreational Marijuana
Ordinance No. 25xx
1
agents
Surgical, medical and dental
supplies and equipment stores
Radio and television
broadcasting studios
Studios for artists,
photographers and other
similar uses
Veterinary clinics, animal
hospitals
GENERAL CROSS REFERENCES:
P
3,4
P
4
P
P5/C
P
P
P
P
P
P
P
P
4
P
4
P
4
P
P
P5/C
4
P
4
P
P5 /C
Land Use Table Instructions, see E.M.C. 18.05.010;
Development Standards, see E.M.C. Chapters 18 and 19;
Application and Review Procedures, see E.M.C. Chapters 15.16 through 15.36;
General Provisions, see Chapter 15.06 E.M.C;
Italicized Uses are Defined in Chapter 15.04 E.M.C.
Exhibit ‘B’ – Code amendments for Medical Cannabis and Recreational Marijuana
Ordinance No. 25xx
2
2. A new row for the specific land use “Marijuana Retailer” is added to subsection EMC
18.050.060 of the Use Matrix:
18.05.060 Retail Sales, Service Uses and Similar Uses land use matrix.
A. Retail Sales, Service Uses and Other Uses land use matrix (NAICS 44, 45, 812, and 8114).
KEY
P-Permitted Use
C-Conditional Use
S-Special Use
RESIDENTIAL
Z
O
N
E
Z
O
N
E
SPECIFIC LAND USE
Adult oriented business, subject
to Chapter 5.28 EMC
Cemeteries
Crematorium
Marijuana Retailer
Pawnshops
Personal services including
barber shops, spa, beauty and
nail salons, hair care, dry
cleaners, laundromat and similar
services
Photographic processing,
photoengraving, photocopying,
photostating, printing, copying
and mailing services, and supply
Post offices, public or private
Animal shelters
Retail sales; convenience goods,
food, beverages and groceries
Retail sales; all other not
specifically addressed
Solicitors and mobile vendors,
subject to Chapter 5.60 EMC
Upholstery, automobile and
furniture
L
O
W
M
O
D
D
E
N
S
I
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Y
D
E
N
S
I
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Y
S
F
S
F
R-1
GENERAL CROSS REFERENCES:
R-2
M
I
X
E
D
R
E
S
I
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E
N
T
I
A
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R-3
M
U
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I
F
A
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R
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R-4
COMMERCIAL/INDUSTRIAL
R
E
S
I
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N
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A
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M
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B
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P
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RMHP
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B
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B
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S
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NB
HCB
C
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CB-2
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P
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P
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P
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A
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C
C
C
C
C
C
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
1
P /C
P
2
P
2
P
2
P
P
P
P
P
P
P
2
P
P
2
P2
P2
P
P
P
P
C
Land Use Table Instructions, see E.M.C. 18.05.010;
Development Standards, see E.M.C. Chapters 18 and 19;
Application and Review Procedures, see E.M.C. Chapters 15.16 through
15.36;
General Provisions, see Chapter 15.06 E.M.C;
Italicized Uses are Defined in Chapter 15.04 E.M.C.
Exhibit ‘B’ – Code amendments for Medical Cannabis and Recreational Marijuana
Ordinance No. 25xx
3
3. Two new rows for the specific land uses “Collective Garden” and “Marijuana Producer” is added to
subsection EMC 18.050.070 of the Use Matrix (amended text is underlined):
18.05.070 Agriculture, Mining and Forestry land use matrix.
A. Agriculture, Mining and Forestry land use matrix (NAICS 11 and 21).
KEY
P-Permitted Use
C-Conditional Use
S-Special Use
RESIDENTIAL
Z
O
N
E
Z
O
N
E
SPECIFIC LAND USE
Horticultural nursery and garden
supply, indoor or outdoor
Growing and harvesting of
produce and crops, not including
on-site sales
Keeping of domestic animals,
livestock and poultry, subject to
compliance with the
requirements of EMC Title 7
Farm stand, retail sales of
produce and crops
Natural resource extraction,
subject to Chapter 19.28 EMC
Natural resource processing
(screening, crushing, washing,
refining...), subject to Chapter
19.28 EMC
Animal Slaughter and Stockyard
Collective Garden
Marijuana Producer
L
O
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M
O
D
D
E
N
S
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Y
D
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S
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F
R-1
R-2
M
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N
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I
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R-3
M
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COMMERCIAL/INDUSTRIAL
R
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N
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B
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H
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R-4
P
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RMHP
G
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A
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F
F
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B
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B
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NB
H
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W
A
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B
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S
C
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M
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HCB
C
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N
T
R
A
L
B
U
S
I
N
E
S
S
1
2
CB-1
CB-2
P1
P2,3
P2,3
P2,3
P2,3
P
P
P
P4
P3
P3
P3
P3
GENERAL CROSS REFERENCES:
P2,3
P2
P2
P2
P
P
P
P
P2
L
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A
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P
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P
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A
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P
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P2
P2
P
P2
P2
P2
P
P
P
P
C
C
Land Use Table Instructions, see E.M.C. 18.05.010;
Development Standards, see E.M.C. Chapters 18 and 19;
Application and Review Procedures, see E.M.C. Chapters 15.16 through
15.36;
General Provisions, see Chapter 15.06 E.M.C;
Italicized Uses are Defined in Chapter 15.04 E.M.C.
Exhibit ‘B’ – Code amendments for Medical Cannabis and Recreational Marijuana
Ordinance No. 25xx
4
4. One new row for the specific land use “Marijuana Processor” is added to subsection EMC 18.050.080
of the Use Matrix (amended text is underlined):
18.05.080 Manufacturing and Construction land use matrix.
A. Manufacturing and Construction land use matrix (NAICS 23, 31-33, and 8112).
KEY
P-Permitted Use
C-Conditional Use
S-Special Use
RESIDENTIAL
Z
O
N
E
Z
O
N
E
SPECIFIC LAND USE
Aerospace products and parts
manufacturing
Agricultural machinery, sales and
services
Asphalt batching
Automobile wrecking, junk and
salvage yards
Building material sales
L
O
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M
O
D
D
E
N
S
I
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Y
D
E
N
S
I
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S
F
S
F
R1
R-2
M
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T
I
A
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R-3
M
U
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T
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F
A
M
I
L
Y
R
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S
R-4
COMMERCIAL/INDUSTRIAL
R
E
S
I
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N
T
I
A
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M
O
B
I
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H
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P
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RMHP
G
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B
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B
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NB
P
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B
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A
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B
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C
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1
HCB
CB-1
C
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R
A
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B
U
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I
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S
S
2
CB-2
L
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D
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T
R
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A
L
LI
P1
P
P1
P1
P
H
2
C
P1
C
P1
C
Manufacture of wood products
P1
GENERAL CROSS REFERENCES:
U
S
E
H
O
S
P
I
T
A
L
C
Manufacture of textiles and
leather, taxidermy
Manufacture of paper products,
pulp mills
Manufacture of petroleum
products, fertilizers and
chemicals
Manufacture of plastics and
rubber
Manufacturing, compounding,
bottling, processing, packaging or
treatment of food and beverage
products not listed elsewhere
Mini-storage facilities
Marijuana Processor
Mobile home sales, subject to
EMC 19.32.150
Plumbing shops, electricians,
heating, air conditioning, sales or
repair
Research and development
Storage or distribution of sand,
gravel, top soil, or bark
Trailer-mix concrete plant
P
U
B
L
I
C
C
C
C
P3/C
P1
P
P
P
P
P
P
P
P
P
P
C
P
P2
P2
Land Use Table Instructions, see E.M.C. 18.05.010;
Development Standards, see E.M.C. Chapters 18 and 19;
Application and Review Procedures, see E.M.C. Chapters 15.16 thru 15.36;
General Provisions, see Chapter 15.06 E.M.C;
Italicized Uses are Defined in Chapter 15.04 E.M.C.
Exhibit ‘B’ – Code amendments for Medical Cannabis and Recreational Marijuana
Ordinance No. 25xx
5