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Zoning restrictions expanded as marijuana moratorium nears expiration
1/28/2015 5:03:28 PM

By Craig Howard
Splash Contributor 

While it appears the city of Liberty Lake will let a moratorium on marijuana production, processing and retail activity expire next week, the City Council has approved an ordinance that will further narrow where such sites can be located. 

The Council expanded zoning restrictions already in place in order to keep marijuana businesses a minimum distance from places where the public naturally congregates. Specifically, if a marijuana business opens within Liberty Lake boundaries after the latest six-month ban ends on Feb. 4, the location would need to be more than 1,000 feet away from school bus stops, public transit stops, churches and public trailheads. These four stipulations – added to other similar restrictions already in place – were approved on Tuesday in a 6-0 decision. The ordinance goes into effect five days after the vote. 

Opponents to the ordinance who testified at the meeting argued the restrictions severely limited a marijuana businesses' options for moving to Liberty Lake, but Council members countered that such limits represented a well-vetted and responsible compromise. 

Mayor Pro Tem Cris Kaminskas said she was most concerned about the retail element of marijuana and the impact it could have on the community.  

"I think we need to protect our kids," Kaminskas said. "I think this is a good decision all around."

Council Member Shane Brickner said the process, which spanned more than a year and included two moratoriums, was nothing short of thorough. 

"We heard from all sides," Brickner said. "Everyone was allowed to speak." 

The council's vote represents the latest chapter in a discussion that has its origins with the passage of Initiative 502 in the November 2012 general election. I-502 allowed for limited possession and use of marijuana for persons 21 and over as well as state-regulated sales, production and processing in Washington. The measure passed by a margin of 56 percent statewide but failed by over 10 percentage points in Liberty Lake. 

Last January, council passed its first six-month moratorium on I-502 activity within city limits. The moratorium was renewed in July for another six months by a 4-3 vote. 

Liberty Lake joined 29 cities across Washington in implementing a temporary halt to marijuana commerce. Another five cities issued outright bans. Last August, a Pierce County Superior Court judge upheld the city of Fife's I-502 ban, saying towns and cities still had authority in determining which businesses could operate within their respective jurisdictions. Just two months later, another Superior Court ruling affirmed Wenatchee's ban. 

The first and second readings of the ordinance were originally set for the Jan. 20 council agenda, but the second read and vote were moved after Mayor Steve Peterson expressed concern that the public would not have a chance to weigh in. On Tuesday, remarks were heard from both sides of the issue.

David Paperd, a local real estate broker, spoke in favor of marijuana businesses, saying the city was "overreaching" with the moratorium. Paperd has met with Peterson and Liberty Lake Police Chief Brian Asmus over the last year to state his case. 

Along with referring to the revenue the city stands to receive, Paperd pointed to I-502 businesses benefiting the economy by reducing the vacancies in industrial zones. He was also critical of Liberty Lake's decision to classify marijuana production and processing by an agricultural definition in its development code, further limiting where such establishments could operate.

Liberty Lake resident Margaret Keeve, a retired nurse, reiterated themes she has expressed during previous I-502 discussions at City Hall, describing marijuana as a gateway drug. Keeve also referred to research from the National Transportation Safety Board that shows impaired driving arrests involving marijuana doubling over the past year. According to the National Institute of Drug Abuse, marijuana is shown to slow decision-making ability, negatively impact peripheral vision and hinder multitasking, all vital driving skills. 

"The arrest rate has gone up," Keeve said. 

William Shaw, a licensed local marijuana producer and processor, argued against expanding the buffer zones and said moratoriums and bans have had a negative impact on the statewide marijuana industry.

"These moratoriums are hindering our revenue right now," Shaw said. "It's wrecked the market."

Like Paperd, Shaw questioned the city's classification of marijuana production and processing in agricultural terms, saying it went outside the definition provided through state codes and the Department of Labor and Industries.  

Responding to Shaw's claim that I-502 activity had no disruptive effect on cities, Peterson brought up a scattering of littered marijuana products he had picked up recently along Valleyway and Molter. He also offered a reminder that I-502 "does not mean you can smoke marijuana in public places."

"Don't tell me that marijuana doesn't impact my community," Peterson said.

When Shaw brought up the tax revenue that could flow the city's way with I-502 sites in place, Peterson offered a clarification that, unlike retail activity, processing and production of marijuana would not generate sales tax.

In addition to the quartet of sites listed above, the city has stipulated that marijuana businesses cannot be within 1,000 feet of elementary or secondary schools, playgrounds, recreation centers or facilities, child care centers, parks, libraries and game arcades where admission is not restricted to those 21 and older. 

Council Member Keith Kopelson, who was traveling on Tuesday and unable to attend the meeting, had a letter read into the record, urging his council colleagues to pass the ordinance and reminding them that marijuana was still illegal according to federal guidelines. 

"If this ordinance is adopted, we will be taking a major step in maintaining and protecting the quality of life in our great city and protect all who enjoy it here," Kopelson wrote. 

Last year, the city had two applications for marijuana businesses deemed ineligible due to conflicts with existing land use guidelines. Asmus said any new applications would first need to be approved by the state. The city would then have 20 days to review the application and make a determination.

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