HomeMy WebLinkAboutOrdinance 2014-002 Amending Title 20 of AMC for Recreational Marijuana'"111INNIM WON -
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WHEREAS, Initiative Measure No. 502 ("1-502") was passed by the voters of the State
of 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 ("LC"), codified in Chapter 69.50 RCW; 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 whether to issue licenses for marijuana business, but marijuana business are required
to comply with local zoning requirements; and
WHEREAS, The State Liquor Control Board will issue one marijuana retailer license
within the City, but a virtually unlimited number of marijuana producer licenses, and a virtually
unlimited number of marijuana processor licenses such that the City cannot know the number of
potential marijuana businesses that will locate within the City; and
WHEREAS, the City Council finds that a legitimate governmental interest exists in the
regulation of the locations of such facilities in the City of Arlington and to require all such
facilities to obtain a City of Arlington business license; and
WHEREAS, marijuana facilities operating under 1-502 are not currently addressed in the
Arlington Municipal Code ("AMC"); and
WHEREAS, the City Council wishes to reduce the risk of confusion and code
enforcement issues by adopting zoning regulations that provide clarity on where marijuana
businesses may locate in the City of Arlington; and
WHEREAS, the City Council adopted an interim moratorium ordinance on November 3,
2013 to allow for opportunity to draft appropriate regulations; and
WHEREAS, the Arlington Planning Commission ("Planning Commission") held a
briefing on November 5, 2013, concerning the code amendments contained in this ordinance and
further discussed the same at workshops on December 17, 2013 and January 7, 2014; and
Ordinance No, 2014-002 1
WHEREAS, on February 3, 2014, the City Council held a public hearing after proper
legal notice, and considered public comments and the entire record related to the proposal
contained in this 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 City Council adopts the following findings in support of this
ordinance:
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B. This proposal is consistent with the following goals, objectives, and policies
contained in the City's GA Comprehensive plan:
• GO-5 Encourage the development of the local economy by providing
opportunity for processing and sales of locally produced resource industries,
providing a predictable development atmosphere, emphasizing diversity in the
range of goods and services, encouraging non -consumptive, sustainable
markets, and ensuring that as the economy changes employment opportunities
are balanced with a range of housing opportunities.
• GL-I Economic Development: Attain the highest level of economic well-
being possible for all citizens in Arlington through the achievement of a stable
and diversified economy offering a wide variety of employment opportunities.
• GL- 13 Promote an active and diverse industrial district in order to promote
economic growth.
• GL- 14 Ensure that impacts are kept to a minimum, especially those that affect
adjoining, non -industrial zoned areas.
• PE-2.3 Identify sectors of the economy within Arlington where opportunity
might exist to create additional jobs and identify potential strategies for
attracting employment. In particular, provide a supportive business
environment for start-up, light manufacturing and assembly businesses in the
airport/industrial area.
• GE-5 Foster economic development throughout the City's many economic
subareas.
C. Procedural requirements:
1. This ordinance is consistent with state law and Sections 20,96.011 through
20.96.070 of the AMC.
2. State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"),
requirements with respect to this non -project action have been satisfied through
the completion of an environmental checklist and the issuance of a determination
of non -significance on December 19, 2013.
Ordinance No. 2014-002 2
the LC B has indicated that it will not approve any marijuana license where law
enforcement access, without notice or cause, is limited, such as at residences.
F. The City Council further makes these conclusions:
1. The proposal is consistent with the goals, policies, and objectives of the
City's GA Comprehensive Plan.
2. The proposal is consistent with Washington State law and the Arlington
Municipal Code.
3. The City has complied with all SEPA requirements in respect to this non -
project action.
4. The regulations proposed by this ordinance do not result in an
unconstitutional taking of private property for a public use.
5. This ordinance is necessary to prevent marijuana facilities from locating in
areas where they would be detrimental to the public health, safety, and welfare.
Section 2. Arlington Municipal Code Section 20.08.010 (Definition of basic terms), shall
be and hereby is amended by adding the following definitions:
"Marijuana" means all parts of the plant Cannabis, whether growing or not; 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. The term does not
include;
1. the mature stalks of the plant;
2. fiber produced from the mature stalks of the plant;
3. oil or cake made from the seeds of the plant;
4. any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or
5. the sterilized seed of the plant which is incapable of germination.
"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.
"Marijuana, useable" means dried marijuana flowers. The terin "useable marijuana" does
not include marijuana -infused products.
"Marijuana production" means a facility licensed by the State Liquor Control Board to
produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers.
Ordinance No. 2014-002 4
"Marijuana processing" means a facility licensed by the State Liquor Control Board to
[irocess 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 wholesales to marijuana retailers".
"Marijuana retail" means a facility licensed by the State Liquor Control Board to sell
useable marijuana and marijuana -infused products in a retail outlet.
Section3. Arlington Municipal Code Section 20.40.010 (Table of Permissible Uses) is
?.mended by adding the following use descriptions to the table and adding footnote 27 to read as
rollows:
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34.200MAMuana
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34.300 Marijuana
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(Building Setback eguirements). Mariivana production facilities shall be limited to Tier 2 size as
defined in WAC 314- hall be
limited to 15,000 sguare feet.
Section 4. Arlington Municipal Code Section 20.40.040 (Permissible uses and specific
exclusions) is amended by adding a new subsection (5), to read as follows:
Section 5, Arlington Municipal Code Section 20.48.040 (Building setback requirements)
is amended by adding a new subsection (h), to read as follows:
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(h) Marijuana producing and processing buildings shall be set back a minimum of thirty
feet for indoor operations and fifty feet for outdoor operations.
Section 6. Severability, 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, or any change in a land use designation is held to be
invalid bp a court of comi�oetent �urisdiction. or b4m the Gromqh Mana ement Hearing&-V--iv,.uA-w*r-ft.
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 7. Effective Date. A summary 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 the date of publication.
Section 8. Repealer. Upon the effective date of this ordinance, City of Arlington
ordinance number 2013-016 shall be and hereby is repealed.
Section9. Copy to Commerce Department. Pursuant to RCW 36.70A.106(3), the
City Clerk is directed to send a copy of the amendments to the State Department of Commerce
for its files within ten (10) days after adoption of this ordinance.
Barbara Tolbert, Mayor
A FJ' I-, S
Kristin 'Canfield, City Cler
Ordinance No. 2014-002 6
1, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2014-
002 was approved at the February 3, 2014 City Council meeting.
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