HomeMy WebLinkAbout010515_cabs01County Administrator Briefing
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Carl Smith, Director, and Department of Comm unity Development (DCD)
Colleen Zmolek, Associate Planner, DCD C4W
60 DATE: January 5, 2015
SUBJECT: Briefing on status of the workplan for regulating recreational marijuana (1 -502)
Attachments: A: Options for Regulating Recreational Marijuana.
Attachment B: Option 3- Proposed Regulation of Recreational Marijuana
Attachment C: Proposed schedule for extending the moratorium
STATEMENT OF ISSUE:
On August 11, 2014, the Board of County Commissioners (Board) adopted Ordinance # 07- 0811 -14,
establishing a six month moratorium on accepting or processing applications for recreational marijuana land
use activities in certain land use zones. Ordinance #07- 0811 -14 expires on February 11, 2015. Work on
developing code for regulating recreational marijuana is in progress; including identification of three main
options, as detailed on attachments to this memo. Depending on the option preferred by the Board, an
extension of the moratorium may be required.
ANALYSIS:
Since the moratorium was adopted, DCD staff has been in the process of developing draft regulations for
recreational marijuana and presented initial ideas to the Planning Commission at the meeting of November 5,
2014. Work in progress includes three broad options as identified on Attachment A. If the Board desires to
pursue either Option 2 or 3, then an extension of the moratorium is necessary to allow sufficient time for the
public review process for amendments to the County's Unified Development Code, per JCC18.45.090.
Attachment B present potential regulations. Attachment C provides a schedule for the steps and dates involved
if the moratorium is extended. DCD staff intends to present these options, including direction from the Board to
the Planning Commission at the January 14, 2015 meeting.
Receive a briefing from DCD staff on the proposed options and schedule for regulation of recreational
marijuana and provide direction.
REVIEWED BY:
ip Morle , O unty Adminis_ trato�J
Date
Attachment A
Options for Addressing Recreational Marijuana (1 -502)
Draft 12/18/14
Option 1
Take no specific action to regulate recreational marijuana.
Pro: Treats all agriculture the same. Avoids further work by the County on developing such regulations.
Con: The County's existing regulations do not limit the scale or intensity of agricultural growing activities in any
zone. Due to the monetary value of marijuana, large producing (growing) operations, including large
unpermitted growing structures and large numbers of employees could come into any zone, resulting in
impacts to existing land uses including traffic, noise, odors and activities not consistent with the purpose
of certain land use zones, especially rural residential. For marijuana processing and retail activities in
rural residential and rural forest lands, the existing "Cottage Industry' regulations (JCC 18.20.170) would
provide certain limits to the scale and intensity of activities.
Option 2
Take very limited specific action to regulate recreational mariivana with the minimum regulations that would
apply to all agricultural activities. Examples include:
In rural residential zones place limits on the scale and intensity of all agricultural activities; for instance:
for producing (growing) and processing, limit the size of unpermitted agricultural structures, the area
used for outdoor producing (growing) activities; the number of employees and hours of operations for
producing and processing activities. Also, include greater buffer requirements from abutting parcels for
any agricultural activities that have a fence that is 8' or taller or requires security monitoring. For
example, require a 25' buffer of Type "A" Landscaping (dense visual barrier).
• In rural commercial zones, prohibit agricultural producing (growing) and processing activities, to preserve
these areas for uses consistent with adopted purposes and traditional uses.
Pro: Prevents likely impacts to the existing character and uses of certain zones; especially rural
residential and rural commercial zones, where recreational marijuana uses could have a high
impact or displace existing or traditional uses. Helps to preserve these areas in a way that is
consistent with their adopted purposes. Also, this approach avoids impacting other types of
agriculture.
Con: Treats all types of agriculture the same. Therefore any increased limits and buffers will impact other types
of agriculture.
Option 3
Take specific action to regulate recreational marijuana as a separate type of use, as shown on the attached use
table and development standards.
Pro: Allows the County to take specific action to regulate marijuana without impacting other agricultural
activities. Numerous other jurisdictions are taking this approach and it is presumed to be legally defensible.
Con: Requires recreational marijuana to be treated differently that other agriculture. Proponents of recreational
marijuana are likely to object.
GAPLANNINGV- 502U- 50210ptions for Recreational Marijuana 12- 18- 14.docx
Attachment B
Option 3 Proposed Regulations for Recreational Marijuana (1 -502)
JCC 18.30 DEVELOPMENT STANDARDS
JCC 18.30.200 Recreational Marijuana
(1) General provisions. In addition to all other applicable development standards of this
Chapter, the standards set forth below shall apply to all recreational marijuana activities in the
unincorporated areas of Jefferson County. In the event of conflicts, the more protective
measure shall apply. In addition to these provisions, recreational marijuana activities shall
comply with all applicable provisions of federal and state law (Chapter 314 -55 Washington
Administrative Code), including the rules governing recreational marijuana as promulgated by
the Washington State Liquor Control Board and other agencies with jurisdiction.
(2) Definitions. (to be added)
(3) Use zones. Three categories of recreational marijuana activities are recognized by rules of
the State of Washington as follows: "production', "processing" and "retailing'; and each category
of such use shall be allowed in the following comprehensive plan zones and as further shown in
Table 3-1):
Production: Resource Lands, Rural Residential, Rural Industrial, UGA light industrial.
Processing: Resource Lands, Rural Residential, Rural Industrial, UGA light industrial.
Retailing: Resource Lands, Rural Residential, Rural Commercial, Rural Industrial, UGA light
industrial, UGA commercial, Port Ludlow Village Commercial Center.
(4) Development standards: For all recreational marijuana activities located in Rural Residential
zones, the provisions of JCC 18.20.170 — Cottage Industry, shall apply. Outdoor and indoor
producing is permitted. Processing is permitted indoors only, in a single structure per the
requirements of JCC 18.20.170(4)(o). No recreational marijuana facility may be permitted as a
home business. All recreational marijuana activities are subject to the applicable requirements
of JCC18.20.30.050.
(a) Cottage Industry permits. All cottage industry permits for recreational marijuana on Rural
Residential zoned land shall have a maximum outdoor plant canopy of 10,000 square feet.
(b) All recreational marijuana processing and retail facilities in Commercial Forest or Rural
Forest zoned land shall be reviewed as cottage industry permit applications.
(c) Parcel size. All recreational marijuana activities in Rural Residential zones shall have a
minimum lot size of 1 acre. in all other zones the minimum lot size is any lot having a status of
either legal conforming or legal non - conforming.
(d) Landscape screening. All recreational marijuana activities located in Rural Residential
zones shall have a minimum 25' buffer with Type "A" landscape screening from adjacent
parcels, per JCC 18.30.130.
(e) Buffers. When recreational marijuana producing activities in Agriculture, Commercial Forest,
Rural Forest or Rural Commercial abuts Residential zoned land, or visa versa, a 25' buffer With
Type "A" landscape screening is required.
(f) Cameras. Any security cameras proposed for a recreational marijuana facility shall be
positioned so as to not intrude on the privacy of adjacent parcels.
(g) Odor. No odor or smoke shall be emitted that is detectable at or beyond the walls of property
of a marijuana facility.
(h) In addition to these requirements, recreational marijuana activities shall be governed by the
regulations for each specific zone.
(i) All applicable standards of the Jefferson County Department of Environmental Health shall
apply.
G: \PLANNING \I - 502 \I -502 \I -502 draft regs 12- 8- 14.docx
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Attachment C
1 -502 Code Amendment Timeline
1/5/15
2015 Activity
January 5 Brief the BOCC at the afternoon session on progress to date on 1 -502 code
development and proposed timeline of future steps in the process.
January 12 BOCC agenda request to set a public hearing date of January 26 for
extending the moratorium for four months.
January 14 Planning Commission Meeting- Staff presents draft code for 1 -502
January 14 Publish notice of BOCC public hearing on January 26
January 26 BOCC conducts public hearing and extends moratorium four months to May
11, 2015 (initial moratorium expires Feb 11, 2015)
February 4 Planning Commission Meeting — continued discussion of draft 1 -502 code
February 11 Current moratorium expires (Ord. # 07- 0811 -14)
February 18 Possible special meeting of the Planning Commission to continue
deliberation of draft 1 -502 code.
February 18 Publish notice of Planning Commission public hearing
March 4 Planning Commission Meeting and public hearing on 1 -502 code; vote to
recommend 1 -502 code to BOCC
March 23 BOCC discussion of 1 -502 code
April 6 BOCC sets public hearing on 1 -502 code for April 20
April 20 BOCC public hearing on 1 -502 code and adoption of regulations
(April 27- May 11 Additional time if needed).
May 11 Moratorium extension expires
G:IPLANNING1l- 502\1- 5021Timeline for I -502 regs 12- 4- 14.docx