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HomeMy WebLinkAboutPC Mtg Minutes 2015-03-04Jefferson County Planning Commission MEETING MINUTES 6u Sheridan SL Tri -Area Community Center P: 36o-379-4450 �' tF: 36o-379-4451 Port Townsend WA 98368 March 4, 2015 plancomm&o.jefferson.wa.us Call to Order at 6:30 pm ROLL CALL District 1 District 2 District 3 Staff Present Coker: U Absence Smith: Present Brotherton: E -Absence Carl Smith, DCD Director Felder: Present Farmer: Present Giske: Present Colleen Zmolek, DCD Associate Planner Koan: Present Sircely: Present Hull: Present Elizabeth Williams, DCD Administrative Clerk Guest Speakers: David Sullivan, BOCC Chairman Public in Attendance: 5 Approval of Agenda: Richard Hull approved the agenda. Approval of Minutes: Richard Hull moved to approve the 02/04/2015 meeting minutes. 7 approved. 0 opposed. 0 abstained. STAFF UPDATES Comprehensive Plan Update Carl Smith, DCD director. -Reminder that the staff will be bringing the Comprehensive Plan for review soon. The subject of Critical Areas has not been discussed in some time. Tom Giske: Would like to discuss shoreline in conjunction with critical areas. COMMISSIONER ANNOUNCEMENTS None DISCUSSION Proposed Aericultural/Recreational Mariivana Reeulations David Sullivan: Jefferson County supports agriculture. In 2003-2004 an agricultural ordinance received BOCC chairman Governor's Smart Growth Award. In 2006, we reviewed the Unified Development Code to determine whether it was consistent with the 2004 Comprehensive Plan update. The 2006 UDC adopted was not appealed. In fall 2013, the BOCC asked the Department of Community Development to review how our current code would address issues in associated with recreational marijuana. At the time, we felt the Jefferson County Code addressed impacts well. The County currently have a limited moratorium which expires June 11, 2015. We have an agricultural issue, not a marijuana issue. An impact from one use is the same as another use. Marijuana is a legal activity in our state. Tom Giske: How many applications are waiting on our decision? Is it possible to have processing without growing? Carl Smith, DCD director:Not many. Tom Giske: Is it possible to have processing without growing? David Sullivan, BOCC: According to the WSLCB, an applicant may have both, but may not include retail sales. Cynthia Koan: 1 was under the understanding that I could build a barn without a permit. Carl Smith, DCD director:You can build an "agricultural building' without a building permit, if it's used for feed, etc. without plumbing. The code is silent on the size. Colleen Zmolek, planner: If someone has a barn, and use it in the future as a workshop, garage, or ADU, you need to get a permit after the fact. Lorna Smith: So if we are proposing a 10,000 square foot limit, and a resident had a pre-existing building that exceeded the 10,000 square feet limit on Rural Residential 1:5...? Carl Smith, DCD director. -The structure would be considered "grandfathered". Lorna Smith: So they could potentially use the structure to grow marijuana? w�` oGA �SNrN��o Jefferson County Planning Commission MEETING MINUTES Tri -Area Community Center P: 360-379-4450 621 Sheridan SL � F: 360-379-445 Port Townsend WA 98368 March 4, 20155 planeomn --------------------------- -------------- _---- __--- _---- _-------------- _---- ---- .-------------------------- _______.. Colleen Zmolek, planner:During the review process that's proposed, it would be determined that the other square footage could be used for storage. Lorna Smith: What kind of permits? Colleen Zmolek, planner:A Change of Use permit. Lorna Smith: How is it a change of use if someone is changing from growing beets to marijuana? Colleen Zmolek, planner:To conduct a consistency review. Cynthia Koan: A barn is not a growing structure. Tom Giske: How did your department arrive at the proposed 10,000 square feet? How many proposed operations are in existing buildings that exceed that square footage? Carl Smith, DCD director. -We do not have that information. Matt Sircely: What about the middle ground? Like 4 acres? Tom Giske: Does this disqualify any existing applicants? Carl Smith, DCD director. Not that I'm aware of. Matt Sircely: Would like to consider gradients for different size parcels? Lorna Smith: Does the WSLCB inspect every site? Colleen Zmolek, planner:Yes. Each site is inspected. And inspections are ongoing. Cameras with direct feed. (members of the public responded with several "no's") Matt Sircely: So we don't need to determine distinction because the state already has. Colleen Zmolek, planner:As far as water is concerned, Jefferson County Environmental Health conducts a review and in turn, WA Dept of Ecology is also notified. DOE will be inspecting this summer. We don't have any proposed code changes for water review and feel it is adequately addressed. Carl Smith, DCD director. -We rely on existing regulations for number of employees, etc. for growing. Colleen Zmolek, planner: Processing. So we felt as though Cottage Industry. No clearly defined size limit. All processing outside of Ag zones/light industrial. Perm/temp grow structures and processing shall be limited to a combined total of 5000 square feet. Cynthia Koan: I thought the idea was that this was meant for all agriculture, including pigs and chicken. David Sullivan, BOCC: Exemptions in 18.20.030 includes A is about animal husbandry, B is horticulture, etc. Future updates should include a review of the scale/intensity. Cynthia Koan: Feels that she is received mixed messages about the proposed changes. Are we headed in distinguishing marijuana as a separate crop or agriculture as a whole? David Sullivan, BOCC: We have time constraints. It can be addressed. But we have applicants awaiting a decision. Carl Smith, DCD director.I is a separate body of work that will take time. Cynthia Koan: Most residents may be upset if a pig farm was of the same size as marijuana operations. Gary Felder: What are other similar jurisdictions doing to address this issue? Richard Hull: Does it make a difference what the structure is being used as, whether it's producing or processing? David Sullivan, BOCC: I think if ifs 1-5 acres, there is flexibility. Because you do not need a cottage industry permit for growing, the proposed change is providing a restriction. Matt Sircely: Currently, is processing where a Cottage Industry permit kicks in? Colleen Zmolek, planner:Yes. We would NOT be reviewing it under an agricultural exemption. Matt Sircely: Perhaps we can review whether or not people are using their home basement for drying, etc. David Sullivan, BOCC: WSLCB does not allow applicants to use their own home for growing or processing. It must be in a separate structure. Carl Smith, DCD director. -The 5,000 square feet did not reference a parcel size. Cynthia Koan: If we are considering using 5,000 square feet building for processing, then we should allow it for growing as well. Lorna Smith: I don't care if my neighbor is growing or processing in the building. The point is, is that there is a building. LL `¢SON ooGK 9SH, Noto Jefferson County Planning Commission MEETING MINUTES Tri -Area CommunityCenter P: 360-379-4450 6n Sheridan SL F: 360-379-4451 Port Townsend WA 98368 March 4, 2015 plancomm@co.jefferson.wa.us ---------------------------------- — --- ----------- ___.. ----------- ___ -------------------- __--- --- _____ Matt Sircely: It's difficult to imagine why someone would grow but not process. Colleen Zmolek, planner:We need to consider all aspects. Applicants can choose to grow and not process. Tom Giske: I'm concerned that we are ignoring retail. Are we satisfied that we have sufficiently addressed Retail? Carl Smith, DCD director. -We feel that the WSLCB has addressed it sufficiently, such as the 1,000 foot buffer from parks and schools. Tom Giske: Why is it not appropriate to ask ourselves if marijuana retail is appropriate in certain zones? I happen to live near a situation that concerns me. The reason why the zone designation was made was to prevent out-of-towners. Also, liquor stores are not allowed in certain zones. David Sullivan, BOCC: Regarding retail, we felt the current rules were strict enough. Colleen Zmolek, planner. Convenience Crossroads zoning does not allow for liquor stores. David Sullivan, BOCC: But grocery stores can sell alcohol. Tom Giske: To allow a limited supply of the zones to be used for marijuana retail stores was not the intent. Matt Sircely: Are you concerned with people coming from outside the community? Tom Giske: We have situations that are relatively localized, for instance Shine Rd. is closer to the bridge, which would bring those from across the bridge instead of locals. Carl Smith, DCD director. -It does state "locals and traveling public." Colleen Zmolek, planner: Convenience Crossroad "consists of a single commercial property at a historical crossroad. Typically, the existing commercial use is a convenience or general store with associated uses that provide a limited selection of basic retail goods and services for the local population and the commuting or traveling public' Carl Smith, DCD director:0ur Board of County Commissioners has asked us to consider marijuana the same as other agriculture. There is very little time before the moratorium expires. Our public hearing needs to be held by May in order to provide the BOCC with the time to review and approve amendments. Richard Hull: We should focus our time on what is included in the moratorium. We should consider retail at a later time. Matt Sircely: Motioned for approval that we vote on whether we are moving forward in mutual agreement. Patricia Farmer: All of the comments from the public. I don't think we've addressed public concerns. Our concern was that we did not want to be the cannabis capital of Washington state. Cynthia Koan: Another concern was residential next to industrial. Matt Sircely: I can't think of what isn't addressed between the County's Cottage Industry, WSLCB, and other regulations. I can withdraw the motion. Elizabeth Williams: The Planning Commission special meetings are booked for March 18 and April 15 at the Tri- DCD Admin. Assistant Area Community Center. Carl Smith, DCD director. -Directed Elizabeth to schedule a special meeting for March 25, instead of March 18. Matt Sircely: Moved to approve the agreement that the PC was headed in the correct direction. 2 approved. 2 opposed. 3 abstained. OBSERVER COMMENT Roger Hall: Tier 1 applicant for producer. The WSLCB has a cap of 1,400 square foot canopy for Tier 1. The WSLCB do not take into consideration the parcel size. Jean Ball: The WSLCB does not care about building size. They care about the area that includes the plants. Cynthia Koan, PC member: Because of the frequent changes at WSLCB, we would not like to cater the code to WSLCB regulations. 450N �, W` OGS 9SH, NGjO Jefferson County Planning Commission MEETING MINUTES Tri -Area Community Center P: 360-379-4450 6u Sheridan St. ty F: 360-379-4451 Port Townsend WA 98368 March 4, 2015 plancomm@co.jeffersonma.us .--._-------- .----- ------------ _-------- _--------------------------------------------- ------------------------ -.-.- Gary Johnson: The processing license is an 1-502/WSLCB term. The state 25% excise tax at each level. The merging of producing/processing is to avoid the 25% tax. Cannot sell to retail if you remain a producer. Every producer is processing in some way anyway. Processing on my property would include Steve Ramsey: The #1 public concern has been denied an opportunity to comment on the proposed operations. Kitsap County has pushed the operations out of residential zones. Clallam County has mostly required conditional use permits. The cottage industry does not take care of production. Nothing has addressed the black market or whether or not there is adequate water supply. Adjourned at 8:25 pm These meeting mjnut were approved this K Cokei, C lair o -Cl-.<ln day of 17 2015. f 'IAl%doz ElizabeWilliams, PC Secretary/DCD Administrative Clerk NSylNV��