Katelyn Baker
Well-Known Member
Recreational marijuana stores in Yakima will need to be at least 1,000 feet from schools, playgrounds and other protected places under a recommendation expected to be presented to the City Council.
In its fourth hearing on regulating marijuana businesses, members of the Yakima Planning Commission voted 3-2 to go with 1,000-foot buffers, rather than shorter distances of 100 to 500 feet.
The commission also voted to not add churches to the list of protected places, but to request additional notification through the state Liquor and Cannabis Board to ensure sensitive facilities can be made aware when a nearby marijuana business plans to open.
The commission meets again on Monday to go over the final proposals, before sending recommendations on to the City Council ahead of a July 5 public hearing, when the council will vote and move forward with officially lifting the ban on marijuana businesses.
The ban would be lifted 30 days after that vote, so marijuana businesses won't open in Yakima until August at the earliest.
About 30 people attended Thursday's meeting. About a dozen spoke, with most opposed to lifting the ban on marijuana at all, which the City Council approved in May.
Anna Marie Dufault, who works with Educational Service District 105 and Safe Yakima Valley, asked the commission to zone pot shops restrictively, the way adult businesses are zoned, and to strictly regulate advertising as well.
"Let's not start at all, and if we must, go extremely slowly," she said. "And prevent as many Yakima youth as possible from ever using."
Mayor Avina Gutierrez, who also attended Thursday's meeting, interjected to remind the public and the commission that only five marijuana business permits will be available for all of Yakima.
"It's not like there will be pot shops popping up on every corner," she said.
A handful of marijuana proponents spoke, including one man who had researched whether his current property was in an acceptable zone for a retail shop.
There's a public park 780 feet away from his property "as the bird flies," Ben Grossman said. But that includes hopping fences and cutting across other properties.
"I'm not suggesting that you lower it, but suggesting that instead of 'as the bird flies,' it's 'as the bird walks,'" he said. "If I were to walk from my building to Performance Park, it'd be well over the 1,000-foot buffer."
Thursday's meeting focused on what sized buffers should be set between marijuana businesses and protected sites: including any elementary or secondary school, playground, recreation center or facility, child-care center, public park, public transit center, library or game arcade.
In recent study sessions and public meetings, the commission decided on recommendations for zoning classifications where pot businesses would be allowed: Recreational marijuana production and processing businesses will be permitted in Light Industrial (M-1) and Heavy Industrial (M-2) zones; while recreational marijuana retailers will be permitted in the Large Convenience Center, Central Business District, General Commercial, Regional Development District and Business District zones.
City planners drew up maps illustrating the chunks of Yakima where pot businesses would be allowed based on the 100-, 500- and 1,000-foot buffer zones, which were on display in the City Hall lobby for both the public and commissioners to examine.
The 1,000-foot buffer map is mostly a sea of red - restricted area - with small bubbles of acceptable areas, mostly along First Street and between Fruitvale Boulevard and US Highway 12.
In response to the concerns from marijuana opponents, there was considerable discussion among commission members about establishing a 2,000-foot buffer until city Planning Manager Joan Davenport drew on the original map to demonstrate that 2,000 feet eliminated almost the entire city.
"The 2,000-foot buffer would severely limit the number of parcels," she said.
Under the 1,000-foot buffer, on the other hand, there are 878 parcels of land that would be permitted - though commissioner Gavin Keefe pointed out that potential businesses face other barriers, such as property owners being unwilling or legally unable to house marijuana-related businesses.
Keefe was one of two dissenters on the 3-2 vote to stick with 1,000-foot buffers. He would have liked to see 500 feet or less; Peter Marinace voted no because he wanted larger buffers in response to concerns voiced at the meeting.
Marinace advocated for some kind of variable buffer zone, with smaller buffers in more urban areas, and bigger buffers in the West Valley, where things are more spread out. But other members shot that down, saying that the buffers need to be applied equally based on the underlying zoning, not their geographic location.
"I think the 1,000-foot buffer does two things," Commissioner Patricia Byers said after the meeting. "It provides certainly a good buffer, needed in determining where things can be or not be."
Secondly, though some people may want a 2,000- or even 5,000-foot buffer, "You also have to consider it is now a legal use in the city, and the people who want to make use of that need to be considered," she said.
"I think maintaining that 1,000-foot buffer maintained that conservative position, but also gave adequate opportunity for people to have their businesses in our city without having them all in one area," she said.
Keefe was still dissatisfied, saying the 1,000-foot buffer still restricts people who use marijuana for medical purposes.
"It's requiring people who require it for medicine ... It'll make their path a lot more difficult," he said.
A 2,000-foot barrier would have forced marijuana businesses into a small cluster, likely in unsafe areas, he said.
"It's better for the city and people and the retailers to have (pot shops) spread out in safe neighborhoods," he said. "There's absolutely no cases of crime being brought into these neighborhoods" by the marijuana businesses, because they're so strictly regulated.
Gutierrez also weighed in on the idea of larger buffer zones before the commission decided on 1,000 feet.
"You're knowingly relegating it only to certain areas - cherry-picking where you're going to allow people to open these businesses," she said.
The other issue that was moved forward on Thursday came after much back-and-forth: whether to add churches to the list of protected facilities, to be looped into the 1,000-foot buffers.
Commissioners debated about how to define a church, and the tension of a government entity keeping a list of all churches in town.
From a practical standpoint, city planners said they would have to basically drive around town or go through the phone book trying to identify every church in Yakima. Davenport said she estimated Yakima has more than 300 churches.
Instead, commissioners connected the concern for churches back into a notification requirement: They will ask City Council to include language in the ordinance such that the Liquor and Cannabis Board requires all applicants for marijuana business licenses notify any of the protected uses that are within 1,000 feet of the proposed location.
While churches are not included in the protected uses that trigger the 1,000-foot buffer zone, they are included on the list of entities that receive mandatory notification of a business license application.
Since none of the other protected uses would be within 1,000 feet of the buffer zone, by definition of the buffer zone, churches would be the only entities receiving that notification.
The commission has enough members available on Monday afternoon for a quorum, where they will review the finalized packet of recommendations after staff has time to update the proposed ordinance with Thursday's decisions.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Yakima Planning Commission Votes On 1,000-Foot Buffer For Marijuana Businesses
Author: Molly Rosbach
Contact: webmaster@yakimaherald.com
Photo Credit: Teresa Crawford
Website: Yakima Herald
In its fourth hearing on regulating marijuana businesses, members of the Yakima Planning Commission voted 3-2 to go with 1,000-foot buffers, rather than shorter distances of 100 to 500 feet.
The commission also voted to not add churches to the list of protected places, but to request additional notification through the state Liquor and Cannabis Board to ensure sensitive facilities can be made aware when a nearby marijuana business plans to open.
The commission meets again on Monday to go over the final proposals, before sending recommendations on to the City Council ahead of a July 5 public hearing, when the council will vote and move forward with officially lifting the ban on marijuana businesses.
The ban would be lifted 30 days after that vote, so marijuana businesses won't open in Yakima until August at the earliest.
About 30 people attended Thursday's meeting. About a dozen spoke, with most opposed to lifting the ban on marijuana at all, which the City Council approved in May.
Anna Marie Dufault, who works with Educational Service District 105 and Safe Yakima Valley, asked the commission to zone pot shops restrictively, the way adult businesses are zoned, and to strictly regulate advertising as well.
"Let's not start at all, and if we must, go extremely slowly," she said. "And prevent as many Yakima youth as possible from ever using."
Mayor Avina Gutierrez, who also attended Thursday's meeting, interjected to remind the public and the commission that only five marijuana business permits will be available for all of Yakima.
"It's not like there will be pot shops popping up on every corner," she said.
A handful of marijuana proponents spoke, including one man who had researched whether his current property was in an acceptable zone for a retail shop.
There's a public park 780 feet away from his property "as the bird flies," Ben Grossman said. But that includes hopping fences and cutting across other properties.
"I'm not suggesting that you lower it, but suggesting that instead of 'as the bird flies,' it's 'as the bird walks,'" he said. "If I were to walk from my building to Performance Park, it'd be well over the 1,000-foot buffer."
Thursday's meeting focused on what sized buffers should be set between marijuana businesses and protected sites: including any elementary or secondary school, playground, recreation center or facility, child-care center, public park, public transit center, library or game arcade.
In recent study sessions and public meetings, the commission decided on recommendations for zoning classifications where pot businesses would be allowed: Recreational marijuana production and processing businesses will be permitted in Light Industrial (M-1) and Heavy Industrial (M-2) zones; while recreational marijuana retailers will be permitted in the Large Convenience Center, Central Business District, General Commercial, Regional Development District and Business District zones.
City planners drew up maps illustrating the chunks of Yakima where pot businesses would be allowed based on the 100-, 500- and 1,000-foot buffer zones, which were on display in the City Hall lobby for both the public and commissioners to examine.
The 1,000-foot buffer map is mostly a sea of red - restricted area - with small bubbles of acceptable areas, mostly along First Street and between Fruitvale Boulevard and US Highway 12.
In response to the concerns from marijuana opponents, there was considerable discussion among commission members about establishing a 2,000-foot buffer until city Planning Manager Joan Davenport drew on the original map to demonstrate that 2,000 feet eliminated almost the entire city.
"The 2,000-foot buffer would severely limit the number of parcels," she said.
Under the 1,000-foot buffer, on the other hand, there are 878 parcels of land that would be permitted - though commissioner Gavin Keefe pointed out that potential businesses face other barriers, such as property owners being unwilling or legally unable to house marijuana-related businesses.
Keefe was one of two dissenters on the 3-2 vote to stick with 1,000-foot buffers. He would have liked to see 500 feet or less; Peter Marinace voted no because he wanted larger buffers in response to concerns voiced at the meeting.
Marinace advocated for some kind of variable buffer zone, with smaller buffers in more urban areas, and bigger buffers in the West Valley, where things are more spread out. But other members shot that down, saying that the buffers need to be applied equally based on the underlying zoning, not their geographic location.
"I think the 1,000-foot buffer does two things," Commissioner Patricia Byers said after the meeting. "It provides certainly a good buffer, needed in determining where things can be or not be."
Secondly, though some people may want a 2,000- or even 5,000-foot buffer, "You also have to consider it is now a legal use in the city, and the people who want to make use of that need to be considered," she said.
"I think maintaining that 1,000-foot buffer maintained that conservative position, but also gave adequate opportunity for people to have their businesses in our city without having them all in one area," she said.
Keefe was still dissatisfied, saying the 1,000-foot buffer still restricts people who use marijuana for medical purposes.
"It's requiring people who require it for medicine ... It'll make their path a lot more difficult," he said.
A 2,000-foot barrier would have forced marijuana businesses into a small cluster, likely in unsafe areas, he said.
"It's better for the city and people and the retailers to have (pot shops) spread out in safe neighborhoods," he said. "There's absolutely no cases of crime being brought into these neighborhoods" by the marijuana businesses, because they're so strictly regulated.
Gutierrez also weighed in on the idea of larger buffer zones before the commission decided on 1,000 feet.
"You're knowingly relegating it only to certain areas - cherry-picking where you're going to allow people to open these businesses," she said.
The other issue that was moved forward on Thursday came after much back-and-forth: whether to add churches to the list of protected facilities, to be looped into the 1,000-foot buffers.
Commissioners debated about how to define a church, and the tension of a government entity keeping a list of all churches in town.
From a practical standpoint, city planners said they would have to basically drive around town or go through the phone book trying to identify every church in Yakima. Davenport said she estimated Yakima has more than 300 churches.
Instead, commissioners connected the concern for churches back into a notification requirement: They will ask City Council to include language in the ordinance such that the Liquor and Cannabis Board requires all applicants for marijuana business licenses notify any of the protected uses that are within 1,000 feet of the proposed location.
While churches are not included in the protected uses that trigger the 1,000-foot buffer zone, they are included on the list of entities that receive mandatory notification of a business license application.
Since none of the other protected uses would be within 1,000 feet of the buffer zone, by definition of the buffer zone, churches would be the only entities receiving that notification.
The commission has enough members available on Monday afternoon for a quorum, where they will review the finalized packet of recommendations after staff has time to update the proposed ordinance with Thursday's decisions.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Yakima Planning Commission Votes On 1,000-Foot Buffer For Marijuana Businesses
Author: Molly Rosbach
Contact: webmaster@yakimaherald.com
Photo Credit: Teresa Crawford
Website: Yakima Herald
