HomeMy WebLinkAboutOrdinance 2025-01, amending EWMC 17.60.050City of East Wenatchee, Washington
Ordinance No. 2025-01
An Ordinance of the City of East Wenatchee amending EWMC Section
17.060.050 location criteria - marijuana businesses, containing a
severability clause, and establishing an effective date.
Ordenanza de la ciudad de East Wenatchee que modifica los criterios de
ubicacion de la Seccion 17.060.050 de EWMC (negocios de marihuana),
que contiene una clausula de divisibilidad y establece una fecha de
vigencia.
1. Alternate format.
l.l.Para leer este documento en otro formato alternativo (espanol, Braille,
leer en voz alta, etc.), comuniquese con la administradora municipal al
alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2.To read this document in an alternate format (Spanish, Braille, read
aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711(TTY).
2. Recitals.
2.1. The City of East Wenatchee ("City") is a non-charter code city, duly
incorporated and operating under the laws of the State of Washington.
2.2. On September 27, 2024, the proposed amendments were transmitted to
the Washington State Department of Commerce for 60-day review as
required by ROW 36.70A.106. The comment period ended on November
26, 2024. No comments from state agencies were received.
2.3.0n December 18, 2024, the East Wenatchee Planning Commission held an
open-record public hearing and deliberated the merits of the proposal.
2.4. At the hearing, public comment was received from the following:
2.4.1.Michael Carter: Mr. Carter commented that he has been
looking for property in the city to open a marijuana retail
operation and the amendment would make it easier for him to
final a location.
2.5.The planning commission voted, 4-0, to recommend that the City Council
approve ZTA 2024-01.
3. Authority. ROW 35A.Il.020 and ROW 35A. 12.190 authorize the City Council
to adopt ordinances of all kinds to regulate its municipal affairs and
appropriate to the good government of the City.
4. Purpose. The purpose of this ordinance is to amend EWMC Section 17.60.050
Location criteria, for marijuana businesses.
City of East Wenatchee Ordinance 2025-01 and Exhibit APage 1 of 5
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Amendments. The City Council amends EWMC Section 17.60.050 Location
criteria as set forth in Exhibit A.
6. Findings of Fact and Conclusions of Law. The City Council adopts the
Recitals stated above as well as the findings of fact and conclusion of law as
set forth below.
ft 1 FINDINGS OF FACT
6.1.1. The proposal under consideration is to amend EWMC 17.60.050
to reduce the buffer from marijuana retail operations down to 100 feet
as authorized by ROW 69.50.331.
6.1.2. The proposal will be applicable to properties within the city of
East Wenatchee.
6.1.3. The City of East Wenatchee and Douglas County have adopted
the Greater East Wenatchee Area Comprehensive Plan pursuant to
the Growth Management Act (GMA) and RCW 36.70A which covers
the City and Douglas County unincorporated areas within the East
Wenatchee Urban Growth Area.
6.1.4. ROW Chapters 36.70 and 36.70A authorize the adoption of
amendments to city's development regulations.
6.1.5. ROW 69.50.331 authorizes cities to adopt an ordinance to reduce
the buffers for marijuana retail operations to as low as 100 feet for all
facilities listed in the subsection except for elementary schools,
secondary schools and playgrounds.
6.1.6. On June 20, 2024, the city council directed staff and the
planning commission to initiate a process to reduce the buffers for
marijuana retail operations consistent with ROW 69.50.331.
6.1.7. The planning commission held public workshops on July 24,
2024, and August 28,2024 to discuss the merits and impacts of various
buffer distances.
6.1.8. A threshold determination and environmental review pursuant
to ROW 43.21C the State Environmental Policy Act was completed,
and a Determination of Non-significance (DNS) was issued on
September 25, 2024. The comment period ended on November 14,
2024.
6.1.9. The City of East Wenatchee initiated a 60-day comment period
as required by ROW 36.70A.106 on September 27, 2024. The
comment period concluded on November 26,2024.
City of East Wenatchee Ordinance 2025-01 and Exhibit A
Page 2 of 5
6.1.10. No comment was received during the 6Q-day comment period.
6.1.11. The planning commission is responsible for long-range planning
matters and providing implementation recommendations to assure
compliance with the GMA.
6.1.12. Notice of the planning commission's public hearing was posted
on the City's website and distributed through the City's social media.
6.1.13. Advertisement of the planning commission's public hearing was
published in the Wenatchee World on December 7, 2024.
6.1.14. The East Wenatchee Planning Commission held a duly
advertised open-record public hearing on December 18, 2024.
6.1.15. The reduction of buffers for marijuana retail operations will not
negatively impact the jurisdiction's civil regulatory enforcement,
criminal law enforcement interests, public safety, or public health
6.1.16. Any Finding of Fact that is more correctly a Conclusion of Law
is hereby incorporated by this reference.
^.^.CONCLUSIONS
6.2.1 The proposal is consistent with and implements the goals and
policies in the Greater East Wenatchee Area Comprehensive Plan.
6.2.2 Approval of the proposal will not be detrimental to the public health,safety, and general welfare.
6.2.3 Proper legal requirements of ROW 36.70A.106 and Title 19 EWMC
were met, and the community and state agencies were given the
opportunity to comment on the proposal during the public comment
period and at a public hearing.
6.2.4 The proposed amendment to reduce buffers to marijuana retail
operations will not negatively impact civil regulatory enforcement,
criminal law enforcement interests, public safety, or public health.
6.2.5 The proposed amendment will reduce the restrictions on locating
marijuana retail operations.
6.2.6 It is the determination of the lead agency that no more than a
moderate effect on the environment is a reasonable probability as a
result of the proposed action. The proper exercise of the threshold
determination process as required by WAG 197-11 is that an
environmental impact statement is not required to be prepared for
this project.
6.2.7 The proposed amendments have been processed in a manner
consistent with the requirements of the Revised Code of Washington
and the Washington Administrative Code.
6.2.8 The planning commission has reviewed the entire record including
the requirements of the Growth Management Act, the goals and
City of East Wenatchee Ordinance 2025-01 and Exhibit A
Page 3 of 5
policies of the comprehensive plan and public testimony as it relates
to the proposed amendments to the city's development regulations.
6.2.9 Any Conclusion of Law that is more correctly a Finding of Fact is
hereby incorporated by this reference.
7. SeverabiUty. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity
of the other provisions of this Ordinance.
8. Publication. The City Council directs the City Clerk to publish a summary of
this Ordinance. The summary shall consist of the title of this Ordinance. The
City Council directs the City Clerk to publish a copy of this Ordinance on the
City's web site.
9. Submittal of Notice of Adoption. In accordance with ROW 36. 70A. 106, this
Ordinance shall be transmitted by the Community Development Director to
the Washington State Department of Commerce within 10 days of adoption.
10. Effective Date. This Ordinance becomes effective inamediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
this 7th day of January, 2025
The City of East Wenatchee,
Washington
Jeirilea Crawford (Jan 3,2025 12'54 PST)
Jerrilea Crawford, Mayor
kuthenticated^f
['M hA
inna Laura Leon, City Clerk
Apppoyed a^ t6 jporm only:^,///
Robert R. Siderius, City Attorney
Filed with the City Clerk: 12-27-2024
Passed by the City Council: 01-07-2025Published: 01-11-2025Effective Date: 01-16-2025
City of East Wenatchee Ordinance 2025-01 and Exhibit A
Page 4 of 5
Summary of
City of East Wenatchee, Washington
Ordinance No. 2025-01
On the 7th day ofJanuray, 2025, the City Council of the City of East Wenatchee,
Washington approved Ordinance No. 2025-01, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending EWMC Section
17.060.050 location criteria — marijuana businesses, containing a
severability clause, and establishing an effective date.
The full text of this Ordinance will be mailed upon request.
Dated this 7th day of January, 2025.
.s^^/
Anna Laura Lean, City Clerk
City of East Wenatchee Ordinance 2025-01 and Exhibit APage 5 of 5
17.60.050 Location criteria.
A. Separation Requirements.
^_ __ No marijuana producer, processor or retail outlet may locate within 1,000 feet of
the perimeter of the grounds of any of the following entities. The distance shall be
measured as the shortest straight line distance from the property line of the
proposed building/business location to the property line of the entities listed below:
a4. Elementary or secondary school;
b2. Playground;
2. No marijuana retail outlet may locate within 100 feet of the perimeter of the
grounds of the followinq entities. No marijuana producer or processor may locate
within 1,000 feet of the followina entities. The distance shall be measured as the
shortest straight line distance from the property line of the proposed
buildinq/business location to the property line of the entities listed below:
a^. Recreation center or facility;
b4. Child care center;
c§. Public park;
d6. Public transit center;
e?. Library;
f8. Game arcade (where admission is not restricted to persons age 21 or older);
B. If a use listed in subsection A of this section locates within respective buffer1,000 feet
of a licensed marijuana-related business after the marijuana-related business is lawfully
established such use shall not benefit from the separation requirements of this
subsection. A marijuana-related business is lawfully established under the East
Wenatchee Municipal Code if it is located and operating in compliance with the
requirements of this chapter.
C. No marijuana-related business may operate within a residential structure, within any
other structure used for human habitation, or within a structure physically attached to a
residence or a place of human habitation. When a structure has no human habitation, it
means that no people live there on a temporary or permanent basis.
D. No marijuana retailer is allowed as a subordinate or accessory use in any land use
district. (Ord. 18-14 § 2, 2018; Ord. 15-14 § 5, 2015)
Exhibit A