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Friday, January 25, 2013

Under I-502, Pot Stores Banned Almost Everywhere in Seattle

Posted by on Fri, Jan 25, 2013 at 3:46 PM

I just got a new map from the city's Department of Planning and Development showing that even though marijuana retail stores are supposed to be legal in Seattle by year's end, there are few locations where you could realistically open one—almost all of them impractical.

Initiative 502 legalized marijuana possession and tasked the state with issuing licenses to growers, processors, and sellers. And as written, I-502 bans marijuana retail storefronts within 1,000 feet of the perimeter of certain properties, including parks, schools, arcades, libraries, community centers, and even public transit centers. The city has proposed its own restrictions on where marijuana outlets can open their doors (such as banning them on blocks zoned strictly for single-family houses). What happens when you overlay the state's and city's restrictions? There's almost no place in Seattle where you could actually set up a pot store:

Estimated_Extent_of_City_and_State_Cannabis_Restrictions_Map.jpg

The yellow areas show where retail outlets are "potentially allowed." Even these are largely industrial lands and locations where there's no actual storefronts to rent (e.g, the shipyards of Harbor Island, the landing strip at Boeing Field, and one block along a residential arterial in Ballard called Seaview Avenue Northwest). The rest of the map is out of bounds. (Here is a larger .pdf of the map.)

This is zoning at its most backwards. The locations where most people would actually want to buy marijuana are the same places where marijuana stores will be prohibited. Seattle is the most dense, populous city in the state and, thusly, where we'll see the greatest demand for pot. But because we have parks and libraries and transit tunnels all over the place, almost the entire city is off limits. Zooming in closer, as this map illustrates, the most populous, dense neighborhoods in the city—like Belltown and Capitol Hill—have zero yellow zones to buy cannabis. Considering that the goal of I-502 was to undercut the black market with accessible legal pot, it's unfortunate that black market pot dealers could remain preferable to largely inaccessible legal stores.

So why was the initiative written this way?

"The federal government has made it clear that locating marijuana storefronts within 1,000 feet of locations frequented by minors is a major concern," says Alison Holcomb, who wrote the ballot measure and led the I-502 campaign called New Approach Washington. (And she's absolutely correct here—the feds have cracked down on medical pot dispensaries in these areas. It was primarily important to pass I-502, break through the wall of prohibition, and work out the details later.) "In drafting Initiative 502, a primary goal was minimizing friction with federal marijuana enforcement policy to maximize the possibility of actual implementation," she says. "A whole range of issues undoubtedly will need to be revisited down the road, but getting stores open is a bigger priority than making them convenient."

But the Washington State Liquor Control Board, which is fleshing out rules for licenses, can't tweak these zoning rules because they were affixed by statute. "It would take a two-thirds vote of the legislature to change that map," says liquor board member Chris Marr. He says the a priority of I-502 is safety, not convenience. A final map will be considered by the board, he says, and while it may "shrink down" the number of locations cannabis stores could be allowed in Seattle, the board "can't expand it."

Given that a two-thirds vote of the legislature typically requires an act of god (especially to loosen a pot initiative), this map is what we have to work with.

Kimberly Mills from the Seattle City Attorney's Office also points out that this map "can really only be used for general information purposes only. Each site will have to be independently investigated by the appropriate professionals." (We've seen similar maps before, but not from the city land-use planners.)

So what will happen if the licensing proceeds as planned by December? There are a few pockets where the stores can open, and I am confident some determined entrepreneurs will snatch them up (such as 23rd and Union in the Central District and a slice of Aurora Avenue). To the extent that these stores can find a location that (a) is legal and (b) has a viable retail rental front, they will undoubtedly cluster in high densities along arterials in largely residential neighborhoods, essentially creating a few small marijuana districts. That is, areas stuffed with highly desirable product, people walking in and out with bags of pot, and—because banks won't hold marijuana business money due to federal insurance rules—hundreds of thousands of dollars in cash sitting behind the counter.

Which would make for some pretty obvious crime targets. That could show the claims that these zoning rules promote safety are, well, unconvincing. Moreover, I can't imagine any neighborhood group would welcome a dozen pot stores down the block, either, and could push the stores farther into the city's nether-regions or outside the city completely. As Jane Jacobs's authoritative book on contemporary urban planning, The Death and Life of Great American Cities, reminds us, few variables make a place safer than eyes on the street. Just like bars, marijuana stores would be safer in busy commercial areas—the customers, providers, the cops—than as sitting ducks in a no-man's land.

If the goal of I-502 is to provide a workable model for marijuana sales, this isn't it. Staying clear of the feds is smart, at least initially, and the drafters had to do what they had to do in order to pass the initiative. But now I-502 is passed and the feds are focused on the less superficial aspects of the initiative. I'm pretty certain that the feds don't care about keeping the stores away from transit centers; they care about keeping it away from schools, probably, and stopping pot trafficking out of state lines. So these zoning problems like this need to be fixed and city officials will need to take the lead. I've asked the mayor's office for their take on the map (and how the city could adjust its limits), but haven't yet heard back.

 

Comments (134) RSS

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Ian Awesome 1
You know, I seem to recall you deriding the opponents of I-502 as the worst sort of human beings with some pretty strong rhetoric about why we needed to pass this immediately. Do you perhaps see why some pot-loving Washingtonians actually thought this was a bad fucking law?
Posted by Ian Awesome http://oneangryqueer.blogspot.com on January 25, 2013 at 3:57 PM · Report this
seandr 2
That's good news for your friendly neighborhood medical dispensary.
Posted by seandr on January 25, 2013 at 3:58 PM · Report this
Timrrr 3
Welcome to Georgetown -- your new Pot Store Shopping District!
Posted by Timrrr on January 25, 2013 at 3:59 PM · Report this
Former Lurker 4
@1 even if it takes longer to open the stores, the decriminalization part was worth it... I don't believe anyone has been busted for any kind of possession by any authority since Dec 6.
Posted by Former Lurker on January 25, 2013 at 4:00 PM · Report this
5
As a resident of the central district, I have mixed feelings. Pot nearby would be neat but I hope crime doesn't rise. Will dispensaries need bank-style vaults?
Posted by wxPDX on January 25, 2013 at 4:01 PM · Report this
Will in Seattle 6
Looks fair to me.

Ballard, Fremont, Georgetown, SLU for the 4/20 win!

Sucks to be you, Capitol Hill.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on January 25, 2013 at 4:02 PM · Report this
Timrrr 7
(btw -- is there anything in this law preventing a store from being located in an allowed zone but still offer "delivery services" for customers living outside that zone?)
Posted by Timrrr on January 25, 2013 at 4:04 PM · Report this
8
Delivery, now there's an idea!
Posted by woofy on January 25, 2013 at 4:12 PM · Report this
Matt the Engineer 9
"shall not issue a license for any premises within one thousand feet of the perimeter of the grounds"

This opens up two possibilities:
1. You could open up in the center of a very, very large school.
2. Like @7 said, delivery. I propose pot delivery drones.
Posted by Matt the Engineer on January 25, 2013 at 4:17 PM · Report this
10
@4 Yup. Plus you only need two thirds for two years. Since it is already going to be a year before we have the rules. We are only really talking a year before it can be fixed with just a majority vote.

The hardest part was getting to this point where we have general agreement in the state that it should be legal. Sorting out the details will not be that big of a deal.
Posted by giffy on January 25, 2013 at 4:19 PM · Report this
Sargon Bighorn 11
Do what real estate developers do, push to change zoning laws. It happens every day.
Posted by Sargon Bighorn on January 25, 2013 at 4:24 PM · Report this
DavidG 12
Potcopters.
Posted by DavidG http://portableshrines.com on January 25, 2013 at 4:24 PM · Report this
tainte 13
welcome to the eastside, bitches!
Posted by tainte on January 25, 2013 at 4:24 PM · Report this
Matt the Engineer 14
There's quite a large area inside UW that's more than 1,000 feet from it's perimeter. Same with Woodland Park, Greenlake, Discovery Park, and Sand Point.
Posted by Matt the Engineer on January 25, 2013 at 4:26 PM · Report this
15
dom, weed will be very easy get in seattle. it will still be close by or whatever. the people out in bumfuck i think are gonna need help with 502 density too i think. they have to travel farther with no bus service to speak of. just saying. we can't leave them out. even if each of their stores carry less or whatever. maybe just mini stores or something i haven't figured it out yet.
Posted by tim koch on January 25, 2013 at 4:26 PM · Report this
Will in Seattle 16
There is no 2 year wait period for city zoning. Just state zoning.

That said, a lot of city zoning is due to schools. Most parents don't want MJ stores that close to school. You'll get major push back on that one, even if it's a high school because MJ IS ILLEGAL FOR KIDS (and on state college and university campus grounds).

Why do you think certain bars are located where they are? Distance from schools or colleges. Later on we relaxed it, but when alcohol became legal there weren't bars near schools, they had to be 1 or 2 miles (not feet, MILES) away.

Exception: Medical MJ has different zoning. Cause making sick people hike a few miles is mean. Especially since we don't let them drive stoned.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on January 25, 2013 at 4:27 PM · Report this
Will in Seattle 17
@14 still illegal in all state universities and colleges. Including the UW, NSCC, SCCC, and SSCC campus and buildings.

Sorry, that's how it works.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on January 25, 2013 at 4:29 PM · Report this
Cascadian 18
Given my current lifestyle (a parent, working at a company that drug-tests), I'm unlikely to ever need the services of a pot store. But I voted for this on the expectation it would be more easily available. I suspect most people did.

Delivery is a great idea, though I suppose insurance could be a problem, with the fear that drivers would use the product while on delivery, contrary to state law. I guess that means I'm in favor of pot-bearing drones, particularly if they are programmed to also bring beer.
Posted by Cascadian on January 25, 2013 at 4:37 PM · Report this
Matt the Engineer 19
@17 I believe you. Probably illegal to sell drugs in our parks too (though I guess I'm not sure about this). I was just going off the language in the inititive.
Posted by Matt the Engineer on January 25, 2013 at 4:40 PM · Report this
20
As a person who lives in Portland I was really bummed that we didn't pass a similar law down here that was on the ballots to your I-502. But after reading these articles a bit and checking in every couple weeks on developments I'm glad we waited this one out. Our initiative was even more loosely defined than yours so our headaches would have been like triple fold. Thanks for working out the kinks! Looks like an arduous process.
Posted by mattey hunter on January 25, 2013 at 4:41 PM · Report this
Lose-Lose 21
How about another interesting observation: overlay that map with income distribution; the 1000' buffer rule would allow shops in some of the whitest, wealthiest neighborhoods in the city. it's as if Broadview, Laurelhurst, Loyal Heights, and the coast of West Seattle have been carved out, making pot legal and easily accessible for the rich white guys while inaccessible to lower-income minorities. (A fact that seems to be neutralized by the city's zoning proposals).

See where I'm going with this?

Conversely, under both proposals shops would be found (re: concentrated) almost exclusively in low-income areas/neighborhoods. And I'm guess the people living there are less likely to reap the benefits of the policy, and more likely to suffer the consequences of the increase in crime. 21st and Union will be back to the way it used to be!
Posted by Lose-Lose on January 25, 2013 at 4:41 PM · Report this
Timrrr 22
And I suspect that little yellow chunk there by the Re-Bar/Orion Center is going to become rife with pot shops next year too...
Posted by Timrrr on January 25, 2013 at 4:42 PM · Report this
Lose-Lose 23
One final observation that might allay your fears: how about overlaying that map with one of WA State liquor stores under the previous law? I knew where many of them used to be and it seems like many of them (but definitely not all) fell right in the middle of a yellow area. To what extent was that?
Posted by Lose-Lose on January 25, 2013 at 4:46 PM · Report this
Will in Seattle 24
@19 depends. Selling drugs, yes.

But the state or county or city could open a kiosk in a state, county, or city park.

Probably not with window service.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on January 25, 2013 at 4:48 PM · Report this
25
23rd and Union is an easy 1/2 mile walk from Garfield High School. While that might make those teens happy, I can't see why that's okay and many other locations wouldn't be. This is all very silly.
Posted by greggreggreggreg on January 25, 2013 at 4:48 PM · Report this
Will in Seattle 26
@23 I think that WSLCB former stores may be exempted and still be viable for MJ use, but that was in the text, so someone would have to verify that.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on January 25, 2013 at 4:49 PM · Report this
27
what i was saying before dom is that if the feds are gonna keep an eye on the total amount of ganja the state grows then distro becomes important to hammer out now before the big pharma corporations come in like inslee is already doing. so im saying some more locations in rural wa may be needed, but they would be slicing up the same limited pool of legal state grown weed, so they each would be carrying less, but there would be more of them to cover the total geographic area (and more jobs too as a bonus)

Posted by tim koch on January 25, 2013 at 4:50 PM · Report this
28
Huh. Wedgwood.
Posted by Greg Barnes on January 25, 2013 at 4:50 PM · Report this
jnmend 29
HEY YOU GUYS.

Remember when it wasn't even legal to buy in THOSE areas? YOU KNOW, LIKE A FEW MONTHS AGO?

Fucking chill; we're pioneering this shit.
Posted by jnmend on January 25, 2013 at 5:05 PM · Report this
kcrobinson 30
I'd look forward to a shop at the 23rd and Union yellow patch that I spy on that map.
Posted by kcrobinson http://www.facebook.com/kcrobinson on January 25, 2013 at 5:07 PM · Report this
Max Solomon 31
23rd & union? what a coincidence - that's already where i buy my weed.
Posted by Max Solomon on January 25, 2013 at 5:12 PM · Report this
COMTE 32
Wait, 23rd & E Union is a viable location to open a Cannabis store?

Woo Hoo! Two Block Walk!
Posted by COMTE on January 25, 2013 at 5:13 PM · Report this
Sam Levine 33
What happens in Ballard stays in Ballard.
Posted by Sam Levine http://levinetech.net on January 25, 2013 at 5:17 PM · Report this
blackhook 34
I believe you could set up a barge in Elliott Bay for recreational sales ...ferries could even make a quick stop for weed pickups.
Posted by blackhook on January 25, 2013 at 5:18 PM · Report this
35
I can handle going to SoDo once a month. No big whoop.
Posted by Lori D. on January 25, 2013 at 5:22 PM · Report this
36
Oh. Progressive statists who so love "planning" everyone's land use are boo-hooing because the same bureaucrats who they worship are now "planning" their pot use?

Sauce for the goose, sauce for the gander.
Posted by dean.fuller on January 25, 2013 at 5:40 PM · Report this
mackro 37
Broadview? More like Budview.
Posted by mackro http://mackro.blogspot.com on January 25, 2013 at 5:47 PM · Report this
I Heart Flan! 38
They need to hurry the fuck up cos the weed I am smoking now pretty much sucks..
Posted by I Heart Flan! on January 25, 2013 at 5:57 PM · Report this
Tacoma Traveler 39
You're missing the point of I-502.

if you had written the law in any other way, it would never have passed. People are still scared of drugs. The voters who approved 502 did so because heavy handed tactics such as incarceration don't stop drug abuse and only result in destroying the lives of people who would otherwise fit neatly into society. This does not mean that most of them love drug culture, though. They don't.

In fact, 502 was partly written in a way that undermines the more noxious aspects of drug culture. Sketchy street corner dealers who talk like idiots and don't bathe were to be replaced by clean, safe stores. Still, people realize that while the store clerk will be clean-scrubbed and well dressed and polite, some of the customers will still talk like idiots and refuse to bathe. And it's those guys everyone doesn't like. I-502 had to pass as it was written-it had to be safe enough (read: keep the meth heads the fuck away from my kids) to appeal to enough voters to win.

Once pot becomes mainstream, the crusty tweeker people generally associate with pot now will be replaced by the respectable soccer mom who likes to munch on a brownie after dropping off the kids at school in her minivan. Then you will see the laws regarding where pot stores can be placed relaxed.
Posted by Tacoma Traveler on January 25, 2013 at 7:18 PM · Report this
40
The solution is obvious. Burn down schools, libraries and community centers.
Posted by kinaidos on January 25, 2013 at 7:50 PM · Report this
41
The cash situation sounds like a job for bitcoin.
Posted by madcap on January 25, 2013 at 8:00 PM · Report this
42
Looks like you can open a shop at ... wait for it ... Stone Way.

Seriously, though, this is much ado about nothing. Yes, some neighborhoods will be inconvenienced. Boo Hoo. This won't be Amsterdam. There won't be "coffee shops". Any weed that is bought will be smoked elsewhere. Which means, basically, people will buy weed once a month, more or less. It will be about as convenient as buying liquor was a couple years ago (not very). You might buy in smaller quantities if you live close to a shop, but otherwise, you will probably buy an ounce (or a shade less than an ounce) at a time. It won't be the end of the world. We all live with such inconveniences. If you live in Fremont right now you can walk to five Thai restaurants, but can't get a prescription filled or get hardware without a major schlep. Again, boo hoo.

In a couple years they will probably amend the law so that we will have more convenience and more competition (which is a good thing). Until then, I'm sure we can tough it out.
Posted by Ross on January 25, 2013 at 8:16 PM · Report this
watchout5 43
arcades? Damn that sucks. :(
Posted by watchout5 http://www.overclockeddrama.com on January 25, 2013 at 9:01 PM · Report this
44
42 is right i read it again and this shit just sounds way over the top. dom please stop all this meinert bullshit, tell him i said to go fuck himself, and straighten up and fly right son. goddamn it.
Posted by tim koch on January 25, 2013 at 10:41 PM · Report this
NaFun 45
Please keep in mind that 1000 feet is about 3 long city blocks, whereas you can buy liquor at Safeway across the street from the YMCA.
Posted by NaFun http://www.dancesafe.org on January 25, 2013 at 11:58 PM · Report this
dirac 46
@36 i don't worship bureaucrats, i just fuck them.
Posted by dirac on January 26, 2013 at 12:00 AM · Report this
47
This is funny! Poor stoners!
Posted by Mister G on January 26, 2013 at 2:46 AM · Report this
gunmmoontree 48
What about getting the zoning laws changed for all those blocks of "single-family" houses?
Posted by gunmmoontree on January 26, 2013 at 5:37 AM · Report this
49
ha ha ha.....
Posted by awesome, dude. on January 26, 2013 at 6:11 AM · Report this
50
This map shows that marijuana retail storefronts can be sold in most every major retail corridor in the city. I don't understand what the problem is. Just because it's not illegal in a large swath of unoccupied land doesn't mean anything about the other area. All of Northgate is in. All of Downtown, Belltown, Cascades is in. Broadway is in. 15th Ave E is in. Fremont is in. 45th is in. What more do you really want?
Posted by fetish on January 26, 2013 at 6:25 AM · Report this
51
I thought the yellow zone was actually 23rd and MLK, not 23rd and Union. Not the best location either way.

I'd love to see a pot store as the anchor for a little dining-and-night-life district at 23rd and Union, or MLK, either one; but unless we can really change perceptions of pot, I don't see "proximity to pot store" as something that's going to encourage development on those vacant lots.

The one benefit that I've argued comes from putting liquor in grocery stores has been integrating folks buying liquor with people going about their other daily business. Making buying liquor a normal thing, rather than a vaguely shady thing, puts subtle societal pressure on people buying liquor to act like normal people. If we ghettoize pot, then we keep the perception of buying pot as shady, and it will continue to attract people who like acting shady and repel those who don't; and concentrations of shady people snowball into shady behavior. Which will scare off both the developers and the normal, non-shady folks who currently patronize Med Mix, for example.
Posted by rca on January 26, 2013 at 10:32 AM · Report this
Pete Holmes 52
Relax, Dominic--after Iran successfully locates pot stores near their schools, Washingtonians will see the light and loosen up here, too:
http://dailycurrant.com/2012/12/14/iran-…
Posted by Pete Holmes on January 26, 2013 at 10:38 AM · Report this
Dominic Holden 53
@50) I think you're looking at the blue parts of the map. Those are strictly for medical marijuana. The yellow zones are the only locations allowing retail outlets for adult recreational pot, per I-502, and those are few and far between, mostly industrial land.
Posted by Dominic Holden on January 26, 2013 at 10:40 AM · Report this
disintegrator 54
Get ready for the Sodo marijuana ghetto! Not that I'm complaining. I agree with whoever said it earlier: I can deal with getting down to Sodo once a month for my marijuana needs.

Also: What is this business of 'individual collective gardens'?
Posted by disintegrator on January 26, 2013 at 11:52 AM · Report this
55
I wonder what will happen when the "dispensaries" start undercutting the state's prices.
Posted by Mister G on January 26, 2013 at 12:38 PM · Report this
56
Where I live at the moment, the easiest way to get my medical mjj is by delivery. Otherwise I'd have to drive 30 minutes both ways to get to a walk-in dispensary. So get a diesel car, fill up with cooking oil and head out for the days deliveries.
Posted by poptartpunk on January 26, 2013 at 1:23 PM · Report this
57
@1: Apparently they're/you're still stupid. It's not a great law. It's the law that (unlike your attempts) was able to pass.
Posted by failures are mouthy, no? on January 26, 2013 at 4:37 PM · Report this
58
A modest proposal: Make the cops sell weed.
Posted by Che Guava on January 26, 2013 at 7:23 PM · Report this
seandr 59
@39: if you had written the law in any other way, it would never have passed.

That was the thinking when this initiative was written, and it wasn't unreasonable. However, the huge margin by which I-502 ultimately passed suggests this reasoning was overly pessimistic. It certainly would have passed without the zero tolerance clause for teen drivers - i.e., automatic DUI for trace levels of active THC.
Posted by seandr on January 27, 2013 at 9:21 AM · Report this
wilbur@work 60
wahhh, poor Cap Hill. Lake Shitty will become Pot City by this map -- works for me.
Posted by wilbur@work on January 27, 2013 at 10:57 AM · Report this
61
@59: "It certainly would have passed without the zero tolerance clause for teen drivers - i.e., automatic DUI for trace levels of active THC."

Why would teens have different standards for pot than they do alcohol?
Posted by get rid of the latter if you care that much on January 27, 2013 at 12:56 PM · Report this
Banned on The Seattle Times 62
More business for me!
Posted by Banned on The Seattle Times on January 27, 2013 at 3:02 PM · Report this
Will in Seattle 63
There's a reason why we Fremonsters call it Stoned Way.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on January 27, 2013 at 3:56 PM · Report this
Fenrox 64
Wow, how can anyone be mad at this bill? It was illegal to buy weed before, bill passes, illegal avenues to buy weed still exist. How can any part of the bill effect you if you just bypass it? Why are so many complaining on a hypothetical problem?
Posted by Fenrox on January 28, 2013 at 11:48 AM · Report this
65
Given how far people have shown they are willing to drive to save a few bucks on booze, thanks to the Costco Ripoff, I think people who want weed won't mind trading convenience for savings.
Posted by Greenwood Bob on January 28, 2013 at 11:02 PM · Report this
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68
Regret supporting this dumb law Dom? Can't you see this I-502 is the Marihuana Tax Act of 2012? Maybe you'll start to figure it out as this stuff is revealed about the implementation (or lack of) the retail market.
Posted by xcannabis on March 13, 2013 at 6:16 PM · Report this
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so where can i get bud as of today?
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130
Now its almost the end of october. A pot grower can't find a zoned place to grow, to buy or lease. and yes there a lot of people in government trying to screw it up. NOTICE THE YELLOW ON THE MAP, IT'S BY THE FERRY, TRAVEL BOATS AND EVEN SEA TAC. Who said EXPORT. The state wants the producer taxes and will look the other way as travelers take it out of the state. By I-5 quick get away right. If you got a pot store 1,000 feet from the ferry's and cruse lines (if you could avoid all the other no no's) you could make a whole lot of money. That's what it is to the state not user friendly.
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132
"(btw -- is there anything in this law preventing a store from being located in an allowed zone but still offer "delivery services" for customers living outside that zone?)"

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Posted by Hendorism on December 14, 2013 at 7:31 PM · Report this
133
Good post, keep up the good work.
Airport Taxi
Posted by tom brian on April 5, 2014 at 1:37 AM · Report this
134
Awesome post this one realy helped me at my point of confusion :) Realy thanx alot for sharing :) Keep it up ;)
Billy Bishop Airport
YTZ Airport
Taxi to Billy Bishop Airport
Posted by Ytz Airport taxi on May 26, 2014 at 7:35 AM · Report this

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