HomeMy WebLinkAboutOrdinance 2014-015 AMC Title 20 Cap on Marijuana Producers and Processors 10-6-14AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING
SECTIONS 20.08.010 AND TABLE 20.40.010-1 OF THE ARLINGTON MUNICIPAL
CODE TO ESTABLISH LOCAL RESTRICTIONS ON THE PRODUCTION AND
PROCESSING OF MARIJUANA, AND REPEALING THE MORATORIUM
ESTABLISHED BY ORDINANCE NO. 2014-012.
WHEREAS, Initiative Measure No. 502 ("\-502") was passed by the voters of the
State u[Washington in November, 2012, providing a framework under which marijuana
producers, processors, and retailers (collectively "marijuana businesses") can become licensed
by the Washington State Liquor Control Board ("LCB"),00dified in Chapter 69.50 llCnV;
and
WHEREAS, this ordinance does not address the legality of the conduct associated with
the production, processing, and retailing of marijuana and should not be construed as approval
or waiver of such uses as it relates to other applicable county, state, or federal laws; and
WHEREAS, The State Liquor Control Board will not consider local zoning
regulations in deciding vvhoLhcr to issue |iosnaou for marijuana business, but cn 'uana
buuiusoo are required to comply with local zoning requirements; and
WHEREAS' The State Liquor Control Board will issue one marijuana m:tni|oc |iucnmu
within the City, but a virtually unlimited number o1`nnoz'uonu producer licenses, and u
virtually unlimited number of marijuana processor \icsoaua such that the City cannot know the
number of potential marijuana businesses that will |ooa(c within the City; and
WHEREAS, the City Council finds that o legitimate governmental inic,em1 exists in
the regulation of the locations of such facilities in the City of Arlington and to require all such
facilities to obtain n City of Arlington business |iuonme| and
WHEREAS, the City Council adopted ulnoru1orium ordinance on July 7,30|4,
to u||ovv for opportunity to draft appropriate n:guiodonm limiting the potential size and number of
marijuana processor and production facilities inthe city o[Arlington: and
WHEREAS, the Arlington Planning Commission ("Planning Commission") nnot to
discuss the moratorium ordinance and necessary revisions {othe oity,oregu|o1iono at its regular
meetings oil July |5,20|4and August 5,20)4; and
WHEREAS, the City Council was briefed on the issue on August 11, 2014 and on
8eptcnlber2, 2014,tho City Council held apub|iu hearing after proper legal notice, and
considered public
'comments and the entire record related totile proposal contained inthis
ordinance; and
WHEREAS, following the public hearing, the City Council deliberated on the
code amendments contained in this ordinance;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. Findings. The Council makes the following findings as the basis for this
ordinance:
conformity with the responsibilities of the City of Arlington to provide for public
health, safety and welfare requirements and zoning and land use regulations
pursuant to state law, and City's authority to regulate land use activity within its
corporate limits, the City has developed public health, safety and welfare
requirements and zoning and land use regulations for marijuana producer and
marijuana processor establishments in the City of Arlington.
b. The number of applications for marijuana producer and processor permits have
greatly exceeded the anticipated demand and may result in an excess of marijuanz
producers and processors in the City of Arlington.
c, The City had received and approved, at the time it adopted the moratorium on
marijuana producers and processors within the City of Arlington, a total of 14
business license applications,
1,91p to 5T a i lonal potential applican s a en I ie •y•
review of the State applications listing an Arlington address, and the City had
received pre -application inquiries from a large number of potential applicants for
producer or processor licenses.
e. Marijuana producers and processors do not currently generate sales tax revenue and
generally have a lower job ratio per square foot of building occupancy than most
other manufacturing and industrial jobs and generally employ approximately 1/3 of
the number of persons per square foot of building occupancy.
f. The City is in the process of trying to have property within the city limits of the City
of Arlington, along with property in the City of Marysville, designated as a
"Manufacturing Industrial Center" (MIC) by the Puget Sound Regional Council,
g. The MIC designation is vital to the economic development efforts of the City.
large number of marijuana producers or processors were to locate within the
City of Arlington, large amounts of potentially valuable industrial land might be lost
for industrial development, which would impair the City's efforts to obtain MIC
designation, which is based in part on the generation of jobs within the MIC area.
The State of Washington has recently amended the Liquor Control Board regulations
contained in the Washington Administrative Code to redefine the square footage
t!te ordi-tzrice.
ORDINANCE NO, 2014-015 2
'. The City wishes toimpose ocap on the number of producers and processors inthe
City for uperiod lasting until December 3l,20l5,which will give the City the
opportunity Coobserve the fledgling marijuana industry inthe state of Washington
and understand the impacts ofthe industry outhe City`oindustrial zoned land and to
preserve other land for non -marijuana industrial uses.
Seotimo2. Arlington Municipal Code Section 2O.O0.O|0(Definition oFbasic tenns),shall
bcand hereby iuonnendedbyadding the following definition:
20.00.010- Definitions ofbasic terms . _
"Plant canopy" means the square footage dedicated to live plant production,
such as maintaining mother plants, propagating plants from seed to plant tissue,
clones, vegetative for flowering area. Plant canopy does not include areas such as
space used for the storage of fertilizers, pesticides, or other products, quarantine,
*ffice space, etc.
Section 3. Arlington Municipal Code Section 20.4O.0|0(Table VfPermissible Uses) is
amended bYamending footnote 27toread asfollows:
Section 4. Arlington Municipal Code Section 20.48.040 (Building setback
requirements) is amended by adding a new subsection (h), to read as follows:
(h) Marijuana producing and processing bui-ldimng-s operations on lots abutting
residentially zoned lots shall be set back a minii-nurn of thirty feet for indoor
operations and fifty feet for outdoor operations.
Section 5. Severabillity. Should any section, paragraph, sentence, clause, or phrase
of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this ordinance; provided, however, that if any section,
sentence, clause, or phrase of this ordinance, is held to be invalid by a court of competent
jurisdiction, or by the Growth Management Hearings Board, then the section. sentence, clause,
phrase, or land use designation in effect prior to the effective date of this ordinance, shall be
in full force and effect for that invalidated section, sentence, clause, phrase, or land use
designation, as if this ordinance had never been adopted.
Section 6. Effective Date. A surnmary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of tile date of publication.
Section 7. Repealer. Upon the effective date of this ordinance, City of
Arlington ordinance number 2014-012 shall be and hereby is repealed.
Section 8. Copy to Commerce Department, Pursuant to RCW 36.70A.106(
the City Clerk is directed to send a copy of this ordinance to the State Department of
Commerce for its files within ten (10) days after adoption of this ordinance. I
PASSED fP/ llUF (]'�Y \ A REGULAR MEETING THEREOF ON'[|<i�[�r~ |��Y nF // . �0|4,
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Barhat
a Tolbert, Mayor
ATTEST:
�
`'~ ~
Clerk
. ' ~
APPROVED AS TO, FORM:
J� PFi llc� City riley
r, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlingtou,,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2014-
# I 5was approved at the October 6, 2014 City Council meeting.
111 11111111 ,
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Dated this 13 1h day of October, 2014.
r ,till
istin atifield
City Clerk for the City of Arlington
• are hereby notified that • October 6, 2014, the City • • the City •
• Washington, did adopt Ordinance No. 2014-015 entitled,
VEWMIMI FM LION MMIX
11111gaigi
The full text of the ordinance is available to interested persons and will be mailed upon
request.
Kristi Banfield
City Cle'rk
City of Arlington