Lynnwood Council refines legislation on residency requirements, cannabis, annexation

Key takeaways: 

• The City Council reviewed the latest draft of an ordinance to repeal Lynnwood’s retail cannabis ban. A public hearing is set for Sept. 8, with a vote expected Sept. 22. 
• Snohomish County approved Edmonds School District’s petition to annex the old Alderwood Middle School property into Lynnwood. A public hearing and vote is scheduled at the Sept. 8 Council meeting. 
• The Council refined proposed guidelines surrounding councilmember residency requirements and whether a councilmember can concurrently hold another elected position. 

With a tentative vote just weeks away, the Lynnwood City Council at its meeting Tuesday continued to nail down the details of a proposed ordinance that would lift the city’s ban on retail cannabis sales. The council also talked about the annexation of the former Alderwood Middle School and reviewed a proposed ordinance on qualifications to hold elected office in Lynnwood – following questions surrounding a councilmember’s Lynnwood residency earlier this year. 

Cannabis

In April, the Council  reviewed a first draft of a proposed ordinance to repeal Lynnwood’s ban on cannabis sales. The Council, Planning Commission and City staff reviewed and refined the ordinance throughout the summer. The previous draft was reviewed by the Council in June. 

Factoring Council direction from July and recommendations from the City’s Planning Commission, city Development and Business staff returned to the drawing board. On Tuesday, City Community Planning Manager Karl Almgren and Principal Planner Rebecca Samy presented the latest version of the proposed ordinance to the Council.

Here’s how the September draft compares to the June draft. 

Zones where cannabis sales would be permitted: 

July draft: 

• Proposed allowing cannabis sales in the Highway 99 Mixed-Use, General Commercial and Alderwood zones. The Planning Commission also proposed revisiting allowing sales in the City Center zone after completion of the future Town Square Park.  

Sept. 2 draft: 

• Expanded permitted zones to include the Alderwood-City Center Transition, City Center and Planned Commercial Development zones. 

Distance from restricted entities: 

July draft: 

• In accordance with state regulations, the Planning Commission recommended a 1,000-foot buffer distance from restricted entities including schools, playgrounds, parks, child care centers, transit centers, libraries and sites where a future park is planned in the Highway 99 Mixed-Use and General Commercial zones.
• The draft also recommended a 300-foot buffer in the Alderwood zone. However, state law allows local governments to reduce these buffer zones to 100 feet from restricted entities, except schools and public playgrounds. 

July 14: 

• Some councilmembers proposed a 100-foot buffer from all restricted entities in all zones, where doing so is permitted. 

Sept. 2 draft: 

• Meeting in the middle, the Planning Commission recommended a 300-foot buffer from all restricted entities in all zones – except schools and public playgrounds. This was based on community concern regarding the proximity of a cannabis store near the Alderwood Boys and Girls club, Almgren said. 

Future parks and playgrounds as restricted entities:

July 14: 

• The council directed staff to include planned playgrounds and public parks in the list of restricted entities, with a buffer zone of 1,000 feet. This applies to projects outlined in an adopted capital facilities plan or at a site approved by the council. This was included in the Sept 2 draft. 

Advertisement regulations:  

July draft: 

• Followed state regulations, which allows local governments to add further restrictions. 
• Sept. 2 draft: Added the city’s advertisement and signage regulations outlined in the Lynnwood Municipal Code, in addition to the state’s cannabis advertisement guidelines. 

Other guidelines: 

July draft:

• Followed existing state guidelines applicable to retail entities in their respective zones regarding landscaping, parking and other guidelines and standards. 

Sept. 2 draft:

• Includes a requirement for cannabis retailers to hold a Lynnwood business license in addition to a Washington State business license. The draft also requires retail cannabis stores to comply with city design guidelines, as outlined in Lynnwood’s Comprehensive Plan. 

Future action: A public hearing regarding the proposed ordinance is scheduled for Sept. 8. A tentative vote on the ordinance is scheduled for Sept. 22. 

Alderwood Middle annexation

In April, the Council passed an ordinance to move forward with Edmonds School District’s annexation petition, requesting the City annex nearly 20 acres of property where the former Alderwood Middle School sits at 20000 28th Ave. W. The property lies along Lynnwood’s borders in unincorporated Snohomish County 

The Snohomish County Boundary Review Board approved the petition July 25, progressing the effort. A public hearing and vote on the matter is scheduled for Sept. 8. 

The district is redeveloping the site into a new middle school, made possible by a voter levy passed in 2024. The district believes annexation into Lynnwood is in its best interest for the project, citing the “efficiency of permitting and inspections under Lynnwood’s Development and Business Services Department,” per city documents.

The district aims to complete the school and have it ready for students for the 2028-2029 school year, as promised to voters in the 2024 levy ballot initiative. The district is “nearing completion of their permit submittal,” Almgren told the council Tuesday, calling for prompt action on the ordinance. 

Almgren said no significant financial burdens were identified for the city if it went through with the annexation, and Lynnwood Police Chief Cole Langdon said the department has enough staff to manage a potential influx of calls from the school. 

Councilmember David Parshall said he believes Lynnwood police are “best suited to provide the maximum level of safety” to future students, as opposed to the Snohomish County Sheriff’s Department. “No offense to them. [Lynnwood police are] closer, and we do a great job.” 

The annexation doesn’t pose a significant financial gain or loss, Almgren added, noting public schools are exempt from paying property taxes. However, annexation means the school district would pay permitting fees to the city, balancing out staff time and funds used to process said permits. 

“The real gain for us is on the partnership side of working with our school district to bring the best services for our community, because there are residents who are going to that school,” Almgren said.

Qualifications to hold elected office 

Former Councilmember Julieta Altimarano-Crosby resigned in January, following her election to the Snohomish County Public Facilities District. This was preceded by council debate over whether an elected official in Lynnwood should be allowed to hold another elected office. 

Later that month, the community and councilmembers alike questioned Council Vice President Josh Binda’s Lynnwood residency upon discovery of a 2023 eviction from his Lynnwood apartment, an Everett address listed on his financial documents, and a temporary inactive voter registration status. 

These instances revealed ambiguity in city and state law around qualifications to hold elected office. The council, as a result, set out to change this by developing ordinances to clarify city code. 

Councilmember Patrick Decker Tuesday presented the latest draft of an ordinance clarifying residency requirements for Lynnwood elected officials. Assistant City Administrator Julie Moore said City Attorney Lisa Marshall reviewed the ordinance and had “no concerns.” 

Lynnwood’s current code on qualifications to hold elected office refers to state law on the matter. The draft ordinance goes into specifics, adding the following language. 

• A councilmember must be a legally registered voter, having lived in Lynnwood for at least a year prior to their election, as required by state law. Councilmembers must maintain an active voter status and Lynnwood residency through the duration of their term. 
• The ordinance allows a councilmember to reside outside Lynnwood for a total of 60 days throughout a four-year term in the case of “extreme hardship.” A councilmember would need to submit a written affidavit to the council for approval before living outside Lynnwood. The affidavit must state the councilmember’s intent to resume residency and the date of that action. 
• If a councilmember resides outside of Lynnwood without Council approval, “the councilmember shall vacate their position immediately” 
• In addition, all councilmembers must submit an annual affidavit confirming they’ve lived in Lynnwood and maintained an active voter registration for the entirety of the previous year, submitted no later than Jan. 15. 
• Additionally, a councilmember is prohibited from holding another public elected office. 
• A councilmember must resign before taking office in another elected position. 

Councilmember Binda argued the proposal “targets” people who rent, rather than people who may own multiple homes or properties. He also questioned whether the Council could legally require a councilmember to vacate their seat under state law. Decker requested the city attorney review Binda’s concern.  

Council President Nick Coelho said the language of the proposed ordinance was “crystal clear,” and contained “pretty fair rules.” He also expressed a desire to clarify a councilmember’s primary residence, preventing someone with multiple properties from being registered to vote in Lynnwood, but spending the majority of their time living in another jurisdiction. 

View the meeting agenda here. 

A recording of the meeting is available on the city’s website. 

— Contact Ashley at ashley@myedmondsnews.com.