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HomeMy WebLinkAboutPC Agenda 03-04-2015621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING AGENDA Tri-Area Community Center March 4 , 2015 6:30 pm OPENING BUSINESS Call to Order Roll Call Approval of Agenda Approval of 02/04 Minutes Staff Updates Commissioner Announcements 6:45 pm DISCUSSION Topic Speakers Agricultural Code Amendment (including I-502) David Sullivan, BOCC Chairman (Intro) Carl Smith, DCD Director Colleen Zmolek, DCD Associate Planner 8:00 pm OBSERVER COMMENT When the Chair recognizes you to speak, please begin by stating your name and address. Please be aware that the observer comment period is: •An optional time period dedicated to listening to the public, not a question and answer session. The Planning Commission is not required to provide response; •Offered at the Chair’s discretion when there’s time; •Not a public hearing – comments made during this time will not be part of any hearing record; •May be structured with a three-minute per person time limit. 8:25 pm CLOSING BUSINESS Follow-up action items Agenda Items for 04/01 meeting at 6:30 pm at the Tri-Area Community Center 8:30 pm ADJOURNMENT 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center February 4, 2015 Page 1 of 4 Call to Order at 6:30 pm ROLL CALL District 1 District 2 District 3 Staff Present Coker: Present Smith: Present Brotherton: Present Carl Smith, DCD Director Felder: Present Farmer: Present Giske: Present Colleen Zmolek, DCD Associate Planner Cynthia Koan: Present Sircely: Present Hull: Present Elizabeth Williams, DCD Administrative Clerk Public in Attendance: Approximately 29 Approval of Agenda: Chairman, Kevin Coker moved to approve the Agenda. Approval of Minutes: None drafted. STAFF UPDATES Comprehensive Plan Carl Smith: The update to our Comprehensive Plan has been approved for an extension until 2018. The new updated calendar showing our timeline is provided in the materials, with an expected adoption date at the end of 2016. Kevin Coker: Many PC members were at the BOCC meeting. PROPOSED MARIJUANA REGULATIONS Tom Brotherton: Disclosed his ownership of Sea Change Cannabis, a recreational marijuana retail establishment in Discovery Bay. Carl Smith: The BOCC did not take action on an extension to extend the moratorium on 02/02/15. The moratorium will expire on 02/11/2015 if the BOCC does not take action at the next scheduled meeting. Tom Giske: The subcommittee created goals and objectives regarding to marijuana regulations. 1. Protect the quality of life of residents from traffic, noise and light. 2. To ensure large production and processing operations do not introduce traffic or other hazards. 3.To minimize the financial impact to land owners and neighbors. Some objectives were considered but removed, as they do not pertain to marijuana or are regulated by other agencies: 1. Safety as it relates to hazards from traffic and explosions 2. Children as it relates to managing playgrounds and other similar facilities. 3. Fear, as it relates to smell and crime. 4. Environmental harm, as it relates to water, chemical and waste disposal. Patricia Farmer: Would like to consider restrictions on water use. Tom Giske: Other agencies are responsible for water restrictions. Our report is not intended to restrict discussion. Matt Sircely: Believes many concerns are already addressed in the cottage industry section of the code or the state’s regulations of pesticides. The subcommittee report re-confirms that. Patricia Farmer: Would prefer to wait to vote until the end of the meeting. Kevin Coker: Would prefer to view the written report, revise as necessary, and vote to adopt at the next meeting. Carl Smith, DCD director: Would like to discuss the three options that staff has provided. Option 1 is no action. Option 2 is banning marijuana in all rural residential. Option 3 is to allow marijuana is residential zones with some restrictions. Two commissioners are in favor of treating all agriculture with the same standard. Planning Commission Meeting 03/04/2015 Page 1 of 26 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center February 4, 2015 Page 2 of 4 Cynthia Koan: Spoke with the state Children’s Services in order to provide a response to claims that daycares may not be placed within 1,000 ft of marijuana facilities. The licensor was unable to confirm or invalidate these claims. There is not enough information to provide recommendations. Preferred Philip Morley’s suggestion at the last BOCC meeting to extend the moratorium WITH CONDITIONS. Carl Smith: Perhaps take a vote on deciding whether or not Planning Commission members feel marijuana is a distinctly different crop. Kevin Coker: Motioned to vote marijuana as a distinctly different crop from other agriculture. 8 in favor. 1 opposed. 0 abstained. Gary Felder: Opposed to considering marijuana as a distinctly different crop. WA State is considering approving industrial hemp. Will we be regulating that differently as well? Matt Sircely: Considers industrial hemp a traditional crop. Colleen Zmolek, planner: The WSLCB has not suggested that they intend to regulate industrial hemp. Carl Smith: Traffic held to LOS Colleen Zmolek: Option 3 requires a parcel to be at least 1 acre. Patricia Farmer: 5,000 s.f. structures still sound rather large. Carl Smith: The 5,000 s.f. size restriction is currently within our Cottage Industry regulations. Colleen Zmolek: The WSLCB already has many restrictions, along with the Cottage Industry regulations that apply for marijuana processing. Matt Sircely: Frustrated with the redundancy and the speed at which PC decisions are moving. Richard Hull: Option 2 solves all concerns that residents have, including unknown concerns. We approved the industrial park at the airport. Glen Cove has Industrial zones. We have agricultural lands. Farmers said we have more land than farmers. I see no reason why marijuana grows need to be in residential at all. Colleen Zmolek: If the Board takes no action, applicants will walk into our office and apply for permits and become vested. Kevin Coker: PUBLIC COMMENT Gary Johnson: Introduced himself as an I-502 applicant. Frustration with listening to questions and unable to discuss them aloud. Kevin Coker: The BOCC has shown interest in working with the Planning Commission in a workshop setting. Jim McCrae: Property owner in Quilcene area. Unaware of any WA regulations limiting daycares. Frank Hoffman: The PC sounds as though they are trying to establish whether or not recreational marijuana is legal. Jean Ball: My attorney advised that the 1,000 ft buffer is imposed for marijuana businesses, not daycares. There is an extensive list of allowed pesticides by the state. Any not listed are prohibited. Leaving my property to conduct business is a hardship. These lands are considered working lands, not postage-stamp city lots. The fence and security cameras are meant for prevention of diversion, not theft. 8’ fences are erected for vegetable gardens and to keep out deer. This is not uncommon. Security cameras are an asset, a tool for law enforcement, a diversion for potential criminal activity. Margie Boyd: Perhaps we should figure out how many industrial parcels there actually are, rather than estimate. Get legal advice on vested versus non-vested. Encouraged PC members to urge the BOCC to provide you additional time. Colum Tinley: On page 23, WSLCB has a list of acceptable pesticides. Medical marijuana may possibly be combined with state recreational marijuana regulations. Why not require a conditional use permit for growers in order to evaluate each grower on a base by base basis. Planning Commission Meeting 03/04/2015 Page 2 of 26 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center February 4, 2015 Page 3 of 4 Steve Ramsey: Agrees with Colum Tinley’s suggestion. Current JCC does not require a permit for growers. It is not currently sufficient. Marijuana is still illegal under federal law. Pleased to hear that the PC is not a “creature of the BOCC” but instead a “creature of the code”. Sharon Hall: Not a neighbor of an applicant. However, would rather have pigs versus marijuana next door. Falisha Allen: Lives on Egg & I Rd. near a proposed marijuana facility. Concerned for quality of life, as the properties are in WRIA 17. Went to a convention and met with Robert Reynolds, WSLCB enforcement officer. Inquired about water issues and Mr. Reynold’s responded that it was not within their agencies’ jurisdiction. Believes there is lack of communication between agencies. Carl Smith, director: When WSLCB requests comments from DCD about a marijuana applicant, DCD forwards the request for comment to Jefferson County Environmental Health, WA Dept of Ecology (DOE) and the Olympic Regional Clean Air Agency (ORCAA). Karen Crouse: There is no way to enforce Charlie Bermant: Commissioner Johnson stated that clarifying what a cottage industry is important. Colleen Zmolek: It is clear. He may be looking in another section. Kevin Coker, PC chairman:It was a scale and intensity of what a cottage industry is may need to be redefined. Liz Moore: Neighbor of an applicant. No one has addressed how it will affect property values. Kevin Coker: It was in the subcommittee report has minimizing financial impacts to adjacent property owners. John English: The culmination of my work is in my home. I consider myself “vested”. I feel the County should protect that. The static head is 14 ft. It could become contaminated. Moved into an area with CC&R’s for a reason. Glad to be a NIMBY (Not in my backyard). Steve Fetter: Moved to JC eight years ago. When he hears what people are facing, feels as though he dodged a bullet since he purchased in city of PT. Believes there can possibly be a thriving marijuana business. Do not structure the county to be more appealing to this industry. Right now, having a neighbor with a pig may not be so bad, but when every neighbor has a pig farm, you may not be so happy. PROPOSED MARIJUANA REGULATIONS Kevin Coker: Trying to create something legally defensible. I would like to know if we can see what current regulations are. Industrial hemp needs to be addressed. Through WSLCB regulations and insurance regulations, issues like processing hazards are covered. We need it identified. Carl Smith: We do not have the expertise. Tom Brotherton: MRSC assists municipalities and counties with legal issues. Kevin Coker: For a fence permit, does anyone review the water availability? Colleen Zmolek, planner: We do not currently forward a fence permit Lorna Smith: That is the applicants’ responsibility. Tom Brotherton: When an applicant drills a well, DOE receives the application and advises them of their allotted amount for use and at times monitoring takes place. Carl Smith, DCD director: DCD does NOT confirm if an applicant has acquired approval from other agencies. Lorna Smith: Citizens would be notified? Colleen Zmolek: All Conditional Use permits require notification. Carl Smith: We can control size and setbacks, but we have no way of knowing whether something will affect the property value. Our Comprehensive Plan is our guide. Lorna Smith: We eliminated any preference for the “do nothing” option. Cynthia Koan: Marijuana has always been produced in the county. Would like the BOCC to extend the moratorium. I’m not ready to provide a recommendation. None of the 3 options address residential next to industrial. Tom Giske: Moved to approve a message to the BOCC to extend the moratorium to allow the PC more time to finish their recommendations and delivered by the Chairman. Tom Brotherton: That’s not our job to advise the BOCC to extend the moratorium. Planning Commission Meeting 03/04/2015 Page 3 of 26 621 Sheridan St. Port Townsend WA 98368 P: 360-379-4450 F: 360-379-4451 plancomm@co.jefferson.wa.us Jefferson County Planning Commission MEETING MINUTES Tri-Area Community Center February 4, 2015 Page 4 of 4 Tom Giske: Recalled a time when Tom Brotherton put a motion on the table to request the BOCC extend time to the PC for the Critical Areas Ordinance. Patricia Farmer: Interested in the Conditional Use permit process. Carl may forward the message, doesn’t need to be anything formal. Matt Sircely: Doesn’t feel it’s appropriate to request more time as there are applicants waiting. Kevin Coker: Every Planning Commission member is welcome to individually attend the BOCC and provide public comment as we ask members of the public to do. Next Planning Commission meeting scheduled for 03/04/2015 at 6:30 pm at the Tri-Area Community Center. Adjourned at 9:03 pm These meeting minutes were approved this ____________ day of ___________________________, 2015. ________________________________________ _________ ______________________________________________________________ Kevin Coker, Chair Elizabeth Williams, PC Secretary/DCD Administrative Clerk Planning Commission Meeting 03/04/2015 Page 4 of 26 DRAFT Areas of focus for Planning Commission Deliberations. Regarding Agriculture review process (including I-502 Recreational Marijuana) March 4, 2015 Planning Commission Temporary and Permanent Structures for Producing Topic Code Change Required Notes Code Changes Temporary and Permanent Growing Structures JCC 18.20.030(2)(b) Agricultural performance standards required to be updated. Code changed required. NOTE: JCC18.20.030(2)(vii)(G) exempts temporary growing structures from a building permit. JCC18.20.030(2)(b)(ii) new development is not exempt in critical areas and is required to meet JCC 18.22. (no change in code required) Limit structure and parcel size on residential zoning districts. Permanent or temporary growing structures allowed on all residential zones. No size limits on forest, light industrial and agricultural zoning districts. See attached definitions for temporary growing structures. Proposed Code Change: • Permanent or temporary growing structures on a parcel size of 5 acres or greater are allowed a building size up to 5,000 square feet in residential zoning districts. • Permanent or temporary growing structures on parcel size smaller than 5 acres are allowed a building size up to 1,000 square feet in residential zoning district. • Residential zoning districts RR 1:10 and RR 1:20 with a parcel size 10 acres or greater are allowed a permanent or temporary growing structure building size up to 10,000 square feet. • Permanent growing structures not allowed in commercial zoning districts. (Temporary grow structures allowed in Commercial Zoning Districts) • Zoning review shall be required for all new and proposed temporary and permanent growing structures with the exception of growing structures shall not require zoning review if located in agricultural zoning district when meeting the requirements in 18.20.030(2). (critical areas, stormwater and setbacks.) Building permit required for permanent growing structure. No Building permit required for a temporary growing structure. Setbacks for Permanent and Temporary Grow Structures No change to code required JCC 18.30.050 table 6-1 Density, Dimension and Open Space Standards. Existing setback is 5 feet for all indoor permanent grow structures. 5 foot setback is measured from property line. No change to regulation required. Page 1 Planning Commission Meeting 03/04/2015 Page 5 of 26 Permanent Grow Structures Water & Septic No change to code required Water Septic Environmental Health water review required for all structure with proposed water hook up. Environmental Health septic review required for all structure with existing septic system or proposed septic on parcel. Hours of operation Number of employees No change to code required. Not addressed for temporary and permanent grow structures and outdoor grow operations. No change to regulation required. Outdoor grow Temporary grow Structures Permanent grow Structures Impervious Surface Setbacks No change in code required for impervious surface or setbacks. Impervious Surface Setbacks Jefferson County Code 18.30.050 table 6-1 Impervious Surface current percentages permitted by zone: Resource Lands (Ag and Forest): 10% Rural Residential: 25% Rural Commercial: 60% Rural Industrial: 55% Jefferson County Code 18.30.050 table 6-1 – road and property line setbacks. See attached table. Outdoor Grow No change to code required. Liquor Control Board limits size of grow operation. Allowed in any zoning district. Building permit required for all fences greater than 7 in height. Outdoor Grow and Temporary Structure Setbacks No change to code required. Liquor Control Board requires a sight obscure wall or fence at least eight feet high. The Liquor Control Board requires 20 foot surveillance capable of clearly identifying perimeter. The surveillance shall take place on the parcel of the proposed structure, Outdoor Grow and Temporary Structures Water & Septic No change to code required. Water Septic Water - Comply with Department of Ecology Septic review is determined by location of proposed fence or temporary structure and if septic exist on parcel. Page 2 Planning Commission Meeting 03/04/2015 Page 6 of 26 Processing Topic Code change required Notes Code Change Limit size of structures JCC 18.20.170(4) Cottage Industry performance standards requires change in code. Growing structures do not have a clearly defined size limit. All processing applications require a Cottage Industry Permit outside of Light Industrial and Agricultural zoning districts. Proposed Code Change: • Clarify in Cottage Industry Performance standards that permanent and temporary grow structures and processing structures shall be limited to a combined total of 5,000 square feet of building area. • Outdoor grow area shall not be included in the square footage allowed by the Cottage Industry permit. Hours of operation Number of Employees Parcel Size JCC 18.20.170 Cottage Industry performance standards. No change to code required. Addressed in Cottage Industry Performance Standards. j) Cottage industries shall be limited in their hours of operation. No business on-site customer service shall be conducted before 8:00 a.m. or after 8:00 p.m., Monday through Friday, and before 9:00 a.m. or after 6:00 p.m., Saturday and Sunday. (b) The cottage industry may not employ more than four employees on the site who reside off the subject property. Auto and truck repair shall only employ two persons on the site who reside off the subject property. (r) Minimum parcel size shall be one acre gross site area. Impervious Surface Area JCC 18.30.050 table 6-1 Density, Dimension and Open Space Standards. No change to code required. Addressed in Development Standards Jefferson County Code 18.30.050 table 6-1 Impervious Surface current percentages permitted by zone: Resource Lands (Ag and Forest): 10% Rural Residential: 25% Rural Commercial: 60% Rural Industrial: 55% Water & Septic for Processing Structures No code change required. Addressed in On-site Sewage Code and Water standards. Environmental Health water review required for all structures with proposed water hook up and sewage. Page 3 Planning Commission Meeting 03/04/2015 Page 7 of 26 Planning Commission Meeting 03/04/2015 Page 8 of 26 Planning Commission Meeting 03/04/2015 Page 9 of 26 Planning Commission Meeting 03/04/2015 Page 10 of 26 JJEEFFFFEERRSSOONN CCOOUUNNTTYY DDEEPPAARRTTMMEENNTT OOFF CCOOMMMMUUNNIITTYY DDEEVVEELLOOPPMMEENNTT 621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.jefferson.wa.us/communitydevelopment Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us __________________________________________________________________________________________ SquareONE Resource Center | Building Permits & Inspections | Development Review | Long Range Planning International Building Code: Temporary Growing Structures WAC 51-51-007 Exceptions The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. “Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. A temporary growing structure is not considered a building for the purposes of this code. The provisions of this code do not apply to the construction, alteration, or repair of temporary worker housing except as provided by rule adopted under chapter 70.114A RCW or chapter 37, laws of 1998 (SB 6168). (note: RCW 70.114A says the Department of Health and the Department of L&I shall adopt rules for the licensing, operation, and inspection of temporary worker housing. International Building Code. Adopted the WAC above. 1 Planning Commission Meeting 03/04/2015 Page 11 of 26 Draft Agriculture Review Process (including I-502) Code Amendment Timeline 3/4/2015 2015 Activity February 9 BOCC adopts 4- month extension to moratorium February 23 Brief the BOCC at the afternoon session on progress to date on I-502 code development and proposed timeline of future steps in the process. March 4 Planning Commission review and deliberate draft code ideas. Commissioner Sullivan to present “focus areas”. March 18 Planning Commission special meeting- continued discussion of draft code. April 1 Planning Commission regular meeting-continued discussion of draft code. April 22 Publish notice of Planning Commission public hearing to be held May 6 Publish SEPA notice (14 day comment period begins) Transmit draft regs to Dept of Commerce – request expedited review (30 days) May 6 Planning Commission public hearing on I-502 code. Vote to recommend I-502 code to BOCC May 11 BOCC briefing on Planning Commission recommendations May 18 BOCC approval of public hearing notice for June 1 June 1 BOCC public hearing and vote on I-502 regulations June 8 (additional BOCC meeting for vote, if necessary) June 11 Moratorium expires G:\PLANNING\I-502\I-502\Timeline for I-502 regs 2-13-14.docx Planning Commission Meeting 03/04/2015 Page 12 of 26 Jefferson County Planning Commission Discussion Regarding Cannabis Zoning Sub-Committee Report Where to Focus Commission Deliberations February 4th, 2015 Scope of Action: Keep dissimilar land uses apart and similar land uses together Goal: Develop recommendation to the Board of County Commissioners intended to protect the security and well-being of residents, while permitting the economic uses of their resources. Regulations governing the production, processing and sale of marijuana in Jefferson County shall balance the needs of those seeking to grow, process and retail marijuana with those neighborhoods and residents impacted by such operations. Objectives: 1) Protect the quality of life for residents from: Traffic Noise Light 2) Ensure large-scale production and processing operations do not introduce traffic or other hazards to a residential community 3) Minimize negative financial impact to landowners and neighbors. Impacts Outside our Purview: Several types of potential impacts discussed by the public were considered by the sub-committee, but removed from these objectives, either because they are the responsibility of other organizations or are not a factor of legal marijuana production, processing and retailing: 1. Safety a. Explosions 2. Children a. Playgrounds b. Passing by Facilities 3. Fear a. Smell b. Crime 4. Environmental Harm a. Water b. Chemicals Sub-Committee Members: Tom Giske, Chairman; Cynthia Koan, Gary Felder and Tom Brotherton Planning Commission Meeting 03/04/2015 Page 13 of 26 Offer for Information regarding State-Legal Cannabis First of all, I would like to thank Chair Coker for how he conducted the meeting of the Planning Commission yesterday evening. It is refreshing when public input is more of a discussion and less of a sideshow. There were numerous times last night (and last fall when I attended one of your meetings) when DCD did not have answers to your questions when such answers were known to a number of us, present in the room. I do not know everything about this business, but I know a great deal. Between myself, and my associates/contacts in the industry, I suspect that I can rapidly get my hands on the answer to just about anything for which an answer exists. I offer myself to the Planning Commission of Jefferson County as a resource to assist in answering the questions that DCD has been unable or unwilling to answer following almost 6 months of efforts that the moratorium was supposed to enable and over 12 months of preparatory efforts on the part of the Department prior to enactment of the moratorium. The engineered ignorance of the Director, DCD is bothersome, and is one of the primary reasons that I recently called on the BOCC for the possible censure of Director Smith. Thank­you Dr. James MacRae (425) 402­8979 macraej@comcast.net Affiliate Researcher with the Center for the Analysis of Cannabis and Social Policy Member, Coalition for Cannabis Standards & Ethics Member, Snohomish County R5 Cooperative Member, Jefferson County Olympic Peninsula Cannabis Association Member, WA Marijuana Business Association Member, WA Farm Bureau Jim MacRae <macraej@comcast.net> Thu 2/5/2015 10:10 PM To:Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Page 1 of 1Offer for Information regarding State­Legal Cann... ­Planning Commission Desk 2/6/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 14 of 26 Correspondence to Request Jefferson County Commissioners to extend marijuana moritorium To: Jefferson County Commissioners – On behalf of the nonprofit Sound Experience, which serves thousands of young people each year aboard the schooner Adventuress, we respectfully request that you vote on Monday (2/9) to extend the Moratorium and enact reasonable regulations that are fair both to the marijuana industry and to landowners. Our organization has recently been gifted a beautiful piece of property on Marrowstone Island that will support our youth and environmental mission. We are especially concerned that county regulation of the marijuana industry takes the time needed to thoughtfully consider protection for neighborhoods, residents and rural communities such as exists on Marrowstone. The property we’ve just received is a valuable asset to our small nonprofit. That combined with our intent to foster safe homes and neighborhoods for our county’s youth and teens, is why we hope that you will extend the Moratorium, and take the time needed to ensure property is protected and children remain safe in our communities. Thank you for your consideration and please feel free to contact me with any questions or comments directly at catherine@soundexp.org or 206-353-6119. Kindest personal regards, Catherine Collins Executive Director Sound Experience aboard the historic schooner Adventuress P.O. Box 1390 Port Townsend, WA 98368 (206) 353-6119 Cell Phone (360) 379-0438 Main Office [www.soundexp.org]www.soundexp.org Catherine Collins <catherine@soundexp.org> Fri 2/6/2015 4:17 PM To:jefbocc@co.jefferson.wa.us <jefbocc@co.jefferson.wa.us>; Cc:Kathleen Kler <KKler@co.jefferson.wa.us>; Phil Johnson <pjohnson@co.jefferson.wa.us>; David Sullivan <dsullivan@co.jefferson.wa.us>; Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Importance:High Page 1 of 2Correspondence to Request Jefferson County Commi... ­Planning Commission Desk 2/6/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 15 of 26 Page 2 of 2Correspondence to Request Jefferson County Commi... ­Planning Commission Desk 2/6/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 16 of 26 Fw: Opportunity on Monday From:JeanS Sent: Friday, February 06, 2015 11:33 AM To:kkler@co.jefferson.wa.us Cc:dsullivan@co.jefferson.wa.us ; pjohnson@co.jefferson.wa.us Subject: Fw: Opportunity on Monday From:JeanS Sent: Friday, February 06, 2015 11:21 AM To:pjohnson@co.jefferson.wa.us Subject: Opportunity on Monday While everyone may be weary of what seems to be such a protracted process, I urge you as a County Commissioner  to extend the existing moratorium on marijuana commercial grow and processing operations long enough for the  Jefferson County Planning Commission to complete its process and submit its full recommendations. And of course  when they do, I would presume you would not disregard the serious time, attention they will have given it, nor the  purposes for which they have been commissioned! I take issue with those who proclaim that concerned citizens objecting to some aspects of the grow and processing  operations, allowed under the existing rather loose county regulations, actual motive is to “shut it all down.” It is  certainly not true in my case and I have good reason to believe that it is not true for the majority who continue to  press for reasonable solutions addressing the valid concerns regarding how this new industry is handled in our  county. Please, in the process of facilitating this new industry process in gaining footing and establishing roots in our county  do not forget or disregard the rights of the whole citizenry.  I object to marijuana being categorized as nothing other  than an ordinary agricultural crop, and I object to marijuana grow and processing operations in zoned residential  areas.  Am I a NIMBY? ­ well in this respect maybe!  How about you?  Consider the implications to your own property  value and life style if it was your “backyard” at stake. Respectfully, Jean Schubert JeanS <jeans05@embarqmail.com> Fri 2/6/2015 2:18 PM To:Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Page 1 of 1Fw: Opportunity on Monday ­Planning Commission Desk 2/6/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 17 of 26     To :                   Jefferson County Planning Commission  Subject:          Marijuana Grow/Process  Zoning for Jefferson County  From:              Joe Baisch, 3485 Dosewallips Road, Brinnon, Washington    Commissioners,  All important public process procedure and considerations aside....   I have lived in Jefferson County for 23 plus years.  I have been an active citizen in our local schools,  as a  sub teacher , bus driver and School Board Member,  I have represented  County  interests on both Team  Jefferson  and the Tri County Workforce Council, and I have spent a good deal of my time developing  local youth projects that teach our future generation about business, integrity and success.     Because South Jefferson County 's economy is resourced based, we have intensely experienced  the  "down  side" of a typical  rural business cycle:    Crime... Substance Abuse...  Domestic Violence..  and the  usually  high percentage of  damaged  young people that always follows...   I am not going to cite stats  about children and families.. You all know the numbers.  When the good people of the State of  Washington voted  to pass I 502, the focus,  from my perspective,  was to decriminalize marijuana.   Unclog the courts and jails costing us, the tax payers,  untold sums of money trying to control human  nature.  ( Have you seen  Ken Burn's  documentary on Prohibition? ) So let's start the local process  at  the most conservative end of the scale... It only make sense to be slow and deliberate on this issue.   Commercial/Industrial zoned land with proper setbacks and  State required security.     I believe that it is in OUR.. (citizens, Property Owners of Jefferson County) interest   to enact the strictest  zoning rules possible for the  growing and processing of marijuana.  From a business/production  standpoint the  mj market is already over saturated.  Large Eastern Washington operations haven't even  sold their first grow... with their second crop maturing now!   I think about all those younger farmers  that you have heard from who  want the freedom to  grow pot on their property....  They cannot  compete with the large growers..  What would they do with a mj crop that they can't sell...?    As leaders of this County, please "nail" this issue down as tightly as you can..   WE HAVE TO FOCUS ON  BUILDING INSPIRED, MOTIVATED AND UNSTONED YOUNG PEOPLE .      And Please  get to work on real Economic Development.  Did you see what Clallam County   Commissioners voted to do last week ?  Gave their EDC  budget a half/million dollars!...  One of you  needs to go visit Bill Greenwood, their EDC Director.   Or at least call him and have him send you his   Board Report .   This guy is connected and is moving the Clallam County's   EDC agenda forward...    Joe Baisch, Brinnon Washington       Planning Commission Meeting 03/04/2015 Page 18 of 26 Jefferson County Commissioners: I think Jefferson County government and its residents have had enough time to realize that planning for recreational marijuana needed a little more thought and consideration than simply treating it as an agricultural plant like corn or cabbage which can be grown anywhere without State regulation. What method or comparison was used to come up with the conclusion that growing marijuana is like growing corn? • You don’t need criminal background checks to grow corn. • You don’t need criminal background checks for employees. • You don’t need lights, cameras, security fences, barcodes and a license to grow corn. • You don’t find the hallucinogenic compound THC in corn. • You don’t have to be 1,000 feet from anything to grow corn. If marijuana is treated like any other agricultural plant, then the passage of 502 has effectively changed the designated character and, most importantly, the purpose of residential property in Jefferson County. Does Jefferson County lack enough commercial property—is that the reason for allowing marijuana growing and processing in residential neighborhoods? I did not buy residential property and build a home to live next door to a neighbor with a commercial facility and all that comes with it. Other Washington counties, including Clallam and Kitsap, have adopted reasonable and fair regulations to protect residential neighborhoods. I strongly support extending the current moratorium so that restricting marijuana growing from residential property can be put into place for Jefferson County. John Hacko 402 Larson Lake Road, Chimacum (360) 732-4457 Planning Commission Meeting 03/04/2015 Page 19 of 26 the future of Jeff Co Dear Planning Commissioners,  including Gary Felder, Cynthia Koan, Kevin Coker (chair), Patricia Farmer, Matt Sircely, Lorna Smith, Tom Brotherton, Richard Hull (Vice Chair), Tom Giske, I write to you all as a lover of nature and our extraordinarily exquisite county. I am trusting you will take the time to read my letter in full and take it into serious consideration for all who are engaged in the outcome including our environment, our forests and our precious agricultural lands.   I came to live in Jefferson County because of the beauty, the preserved ag lands and natural quality of life. I am writing to you because I do not want to see all of what we are so privileged to live within be compromised by an industry we know nearly nothing about and certainly no experience with.  Here is another opportunity for us to execute this zoning issue in a way so it does not come back to bite us all in our behinds. I think it best that we ease into this industry (unfamiliar and untested territory in this county) with foresight for all possible scenarios. I am not against this industry, I just want to see it developed in a way that protects our forests, agriculture and residents. I realize you are in a job and position where making decisions will often not always satisfy everyone, but I feel our county's future with regard to it's residents and the environment should come first.  I hope you would agree. With that, I ask that you PLEASE extend the Moratorium and let the Planning Commission do its work and finish what they started. It is my understanding that failure to follow the rules for the County Comprehensive Plan is an unfair and inappropriate attempt to circumvent what the law requires.  A more conscientious approach to this VERY VOLATILE industry would be more responsible so as to not destroy our unique agricultural community that our farmers have worked so hard for, that we all so enjoy and are so proud of and that visitors seek out when they travel to our county.  Marijuana is not like any other agricultural crop or business. It requires a very different kind of land dependency to grow and process so as to not disrupt our vulnerable ecosystems and/or communities. Without extending the moratorium and allowing those into this business whether they are  in county or from out-of-county growers/producers of marijuana, who are now lined up and quite ravenous to get permitted since it appears they can set up shop ANYWHERE in the county despite the damage they would do to property values, destroying forest and agriculture land, our precious water, waste disposal and runoff, etc., without protective regulations. These conditions, i.e. indoor growing/processing in an artificial environment requiring huge buildings (etc.etc.etc) need to be designated to areas that are industrial only, not in our forests or on our ag lands or near residential communities whether rural or not. This may come across as to being a fearful notion or concept, but the precautions are real and should be considered under due process. The objections from those of us who have legitimate concerns should be examined carefully... if this MORATORIUM is not extended we will look at some very destructive actions on the part of some of those who do not care about anything but their bottom line.  We have seen that already. It would be very prudent (acting with or showing care and thought for the future) to listen to those of us, the numerous citizens who have made a big investment in our homes, neighborhoods and communities and not give in to the concerns of those who have chosen to proceed to spend money, clear land and do other work even BEFORE they have a license from the LCB or a permit to do so from Jefferson County.  Many citizens were not notified of the acquisition and use of properties next to or adjacent to them even before purchasing their property only to find out after the fact that a marijuana growing and/or processing facility was next to them. Where is the justice, fairness or protection in that? Lack of notice to nearby landowners and the fair opportunity to have a voice in where these facilities are sited is unacceptable and unsound.  No citizen should find out by happenstance that their quality of life is about to be impacted without any opportunity to object to it.  I would like to know, where are the commissioners and other county/city officials priorities? Wouldn't the citizens and our unequaled environs be at the top of the list? It seems to me I read within the commissioners UDC code "Provide for increased levels of environmental protection". This should include every inch of our environment and the protection and safety of the citizens of this county. I am not seeing this code implemented in this case and I would hope that the future and health of this county would be of the greatest importance,  a #1 prime concern to all of our county officials, not just profits. The Planning Commission must continue its work on reasonable regulation of the marijuana industry and provide protection for residents when siting those facilities in Jefferson County. That's what the Planning Commission in Clallam County did and it worked! Have you contacted Clallam County or other counties to see how they are handling this industry including giving consideration to their citizens? It seems to me what should remain in the end is that Jefferson County maintains its attraction as a desirable place to live and visit which could be lost if sensible regulations have not been studied and set in motion such as Clallam County has. If we do not move forward in a diligent and thoughtful way we will face irreversible consequences. This is not fear, it is logic. To reiterate, marijuana operations DO NOT belong in residential areas or adjacent to residential areas where the impacts from such facilities could be injurious to property values, personal safety, environment/wildlife, and quality of life. It is without holistic thought to create large unregulated parcels in agricultural and forest lands subjecting our county to negligent behavior and practices on the part of some of the licensed/permitted holders (growers/processors). That has been Linda Jarvis <lindajarvis@mac.com> Fri 2/6/2015 11:48 AM To:Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Page 1 of 2the future of Jeff Co ­Planning Commission Desk 2/6/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 20 of 26 evident already. This industry belongs and must be kept in industrial or commercial areas ONLY where it can be monitored and will keep our community safe. Marijuana is NOT agriculture.  Ask the Dept. of Agriculture and the Feds - both say it is clearly is NOT agriculture. Those of us who have been trying to be heard clearly and understood may be worn out from all the rhetoric which seemed to be used as a pacifier all these months and, of course, disappointed at the failure of the County Commissioners to deal with this turbulent problem in a systematic and coherent way do not feel this should be swept under the rug.  Thus, we are here, once again due to the magnitude of the ramifications, appealing that on Monday at the next Commissioners meeting, 2/9/15, you please vote to EXTEND the moratorium 4 months as currently written or as long as it takes to get this right - only the 3 'vested' applicants would be approved. It is imperative to extend the moratorium to ALL parcels, regardless of size, until reasonable and responsible regulations have been developed. Please seek out other counties who have already done the footwork so as to create a positive movement forward including all aspects of qualities of life mentioned above. I ask respectfully that the Planning Commission to continue it's work on reasonable regulation of the marijuana industry and provide protection for residents when siting those facilities in Jefferson County.  Thank you so much for reading my letter and championing our environment and our county residents and voting to extend the moratorium. In the long run you will be glad you did. Sincerely, Linda Jarvis Page 2 of 2the future of Jeff Co ­Planning Commission Desk 2/6/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 21 of 26 1 From:Marjorie Boyd <marjorie.boyd.01@gmail.com> Sent:Saturday, February 07, 2015 12:03 PMTo:Kathleen Kler; David Sullivan; Planning Commission Desk; Phil Johnson; Philip MorleySubject:Other counties acting responsibly http://www.goskagit.com/all_access/county-calls-time-out-on-new-pot-facilities-in-some/article_4cf2491a- 7f09-5287-8dd1-5d20b8c25cf5.html County calls “time out” on new pot facilities in some areas Recreational and medical marijuana affected by one-year moratorium  Story  Comments ShareShare Print Create a hardcopy of this page Font Size: Default font size Larger font size Posted: Tuesday, December 16, 2014 6:00 am By Mark Stayton | 0 comments MOUNT VERNON — The Board of County Commissioners passed an interim ordinance Monday that bans new marijuana production and processing facilities from a slew of Skagit County zones in which they were previously allowed. Effective immediately, the moratorium will last one year as the county collects public testimony and prepares to draft new zoning codes pertaining to marijuana production, processing and distribution. The moratorium bans new medical marijuana collective gardens and dispensaries from all zones and requires a 250- foot setback for new production and processing facilities from adjoining property. The ordinance was passed in response to numerous complaints about marijuana production and processing facilities from residential neighbors, according to a news release from the board. “The board feels it is important to respond to the concerns of rural homeowners who felt their neighborhoods would be negatively impacted by these facilities,” Board of Commissioners Chair Ron Wesen said. “The board’s action today calls a time out until we can work through the public process to write permanent regulations.” Banned zones that previously allowed marijuana to be grown or processed include rural intermediate, rural reserve, rural resource-NRL, rural center, rural village commercial, Bayview Ridge residential and Hamilton residential. Some agricultural and industrial zones in the county are still available to new producers and processors. In October, County Planning and Development Services issued a notice to the owners of a state-licensed marijuana production and processing facility in a rural intermediate zone in Alger to remove large greenhouses after receiving complaints from residents nearby. Planning Commission Meeting 03/04/2015 Page 22 of 26 2 Any marijuana facility that was established legally and in accordance with land-use regulations prior to the ordinance will not be affected by the bans, said Ryan Walters, civil deputy prosecuting attorney for the county. Walters said the setback was put in place to keep facilities away from property lines where industrial and agricultural uses adjoin residential developments. “There are some areas where they are zoned agriculture, but there are residences. There are areas where an industrial zone bumps up against a residential zone,” Walters said. New medical marijuana facilities were banned because the Division 1 Court of Appeals found the operations were not legalized in a decision earlier this year in Cannabis Action Coalition v. City of Kent. The county news release said the Legislature plans to harmonize the recreational and medical marijuana licensing systems in the next legislative session. Walters said previous guidelines released by the county to direct marijuana production and processing were based on an interpretation of existing codes. He said the county may not have anticipated where facilities would locate and what they would look like. The interim ordinance indicates the planning department will work with the Skagit County Prosecutor’s Office and Sheriff’s Office to develop draft regulations regarding marijuana dispensaries, collective gardens or production, processing or sales facilities for expected adoption. Walters said new codes will give the planning department options to impose new regulations on marijuana facilities. “As a general rule, they want to make sure residential uses are separated from production and processing uses, which look like industrial uses,” Walters said. The board will hold a public hearing on the moratorium at 8:30 a.m. Tuesday, Jan. 6, in the Commissioners Hearing Room, 1800 Continental Place, Mount Vernon. — Reporter Mark Stayton: 360-416-2112, mstayton@skagitpublishing.com, Twitter: @Mark_SVH,Facebook.com/byMarkStayton Planning Commission Meeting 03/04/2015 Page 23 of 26 Urgent-please be mindful •Dear Jefferson County Commissioners I oppose the ABANDONMENT OF RESPONSIBILITY on this important issue! A more conscientious approach to this VERY VOLATILE industry would be more responsible so as to not destroy our unique agricultural community that, I restate, our farmers have worked so hard for, that we all so enjoy and are so proud of and that visitors seek out when they travel to our county. We do not want to see all of what we are so privileged to live within be compromised by an industry we know nearly nothing about. Let's ease into this with the utmost caution now because once the damage is done you cannot undo it... Which means you really MUST EXTEND THE EXISTING MORATORIUM, the only meaningful option, NOT, I repeat, NOT option 2 which would allow ALL current applications for marijuana production/processing to proceed and ALL future applications, even if they are not now filed, until Jefferson County develops new revisions to its Code which will be several months, if ever.  This would apply to all applications on parcels of 5 acres of more. THE EFFECT OF THIS ACTION WOULD BE TO ELIMINATE ANY MEANINGFUL REGULATION OF MARIJUANA IN JEFFERSON COUNTY AND ESTABLISH JEFFERSON COUNTY AS A DESTINATION LOCATION FOR THOSE DESIRING TO AVOID ANY REGULATION OR ENFORCEMENT OF MARIJUANA LAWS. PLEASE COMPLY WITH THE COMPREHENSIVE PLAN and heed this request to ALLOW THE PLANNING COMMISSION TO DO ITS JOB continuing with DUE PROCESS. Marijuana is not like any other agricultural crop or business. It is a whole other animal and requires a very different       kind of land dependency to grow and process so as to not disrupt our vulnerable ecosystems and our communities.        Without extending the moratorium and allowing those into this business, whether they are  in-county or from out-of-            county growers/producers of marijuana, who are now lined up and quite ravenous to get permitted since it       appears they can set up shop ANYWHERE in the county despite the damage (which we have witnesses already)       they would do to property values, destroying forest and agriculture land, our precious water, waste disposal and       runoff, etc., without proper and responsible protective regulations. Most, if not all,  of these conditions require indoor       growing/processing in an artificial environment within huge buildings etc.etc.etc., and need to be designated to        areas that are industrial only, not in our forests or on our ag lands or near residential communities whether rural or not.    Linda Jarvis <lindajarvis@mac.com> Sun 2/8/2015 3:02 PM To:Phil Johnson <pjohnson@co.jefferson.wa.us>; Kathleen Kler <KKler@co.jefferson.wa.us>; David Sullivan <dsullivan@co.jefferson.wa.us>; Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Page 1 of 2Urgent­please be mindful ­Planning Commission Desk 2/11/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 24 of 26   Marijuana is not like any other agricultural crop or business.       Again...PLEASE COMPLY WITH THE COMPREHENSIVE PLAN and heed this request to ALLOW THE PLANNING      COMMISSION TO DO ITS JOB continuing with DUE PROCESS. Thank you!!!!!!! Linda Jarvis Page 2 of 2Urgent­please be mindful ­Planning Commission Desk 2/11/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 25 of 26 I-502 information Hello Commissioners, I would like to extend to you any and all resources at my disposal in an effort to answer all your questions and concerns and all the questions and concerns of the general public. My business associates and I have all the information and we are exceptionally transparent. Please feel free to contact me or share my contact info freely with anyone in need of clarification. Kind regards, Jean Ball GnarleyDogFarm@gmail.com (preferred contact) 360-301-4415 (lousy reception) gnarleydogfarm@gmail.com Wed 2/11/2015 7:35 AM To:Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Page 1 of 1I­502 information ­Planning Commission Desk 2/11/2015https://owa.co.jefferson.wa.us/owa/ Planning Commission Meeting 03/04/2015 Page 26 of 26