HomeMy WebLinkAboutPC Agenda 05-20-2015621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission
HEARING AGENDA
Tri-Area Community Center
May 20, 2015
6:30 pm
OPENING BUSINESS
Call to Order
Roll Call
Approval of Agenda
Approval of 05/06/2015 Meeting Minutes
Staff Updates
Commissioner Announcements
6:45 pm
PUBLIC HEARING
Topic Speakers
Staff Presentation
Carl Smith, DCD Director
Colleen Zmolek, DCD Associate Planner
7:00 pm
Public Comment
When the Chair recognizes you to speak, please begin by stating your name and address.
Please be aware that:
The comments provided during the hearing period will be part of the hearing record;
The Planning Commission is not required to provide response;
Will be structured with a three-minute per person time limit;
Personal attacks will not be tolerated.
7:45 pm Deliberations
8:45 pm Recommendation to Board of County Commissioners
9:00 pm
CLOSING BUSINESS
Agenda Items ( Comprehensive Plan Update) for
June 3rd meeting at 6:30 pm at the Tri-Area Community Center
9:15 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
May 6, 2015
Call to Order at 6:30 pm
ROLL CALL
District 1 District 2 District 3 Staff Present Coker: E-Absence Smith: U-Absence Brotherton: Present Carl Smith, DCD Director Felder: Present Farmer: Present Giske: E-Absence Colleen Zmolek, DCD Associate Planner Koan: Present Sircely: Present Hull: Present
Public in Attendance: Approximately 20
Approval of Agenda: Richard Hull approved the agenda. Approval of Minutes: None prepared.
STAFF UPDATES COMMISSIONER ANNOUNCEMENTSNone None
DISCUSSION
Proposed Agricultural/Recreational Marijuana Regulations Staff presented proposed regulations for producing, processing, and retail for recreational marijuana with percentages of lot coverages per zone with maximum building sizes for Rural Residential zones, as well as Conditional Use permit requirements for specific zones. Patricia Farmer: Motioned to approve that all recreational marijuana applications be required to submit a Conditional Use application. Motion failed to receive second. Patricia Farmer: Motioned to approve that all recreational marijuana applications within Rural Residential and Forest zones be required to submit a Conditional Use application. Motion failed to receive second.
OBSERVER COMMENT Catherine Collins: Works as director for Sound Experience. In December of 2014, received a donation of property and soon after was made aware that adjacent was a proposed recreational marijuana operation. Sound Experience has submitted a formal complaint for the land clearing to DCD. Hopes that DCD will apply the Cottage Industry regulations to commercial marijuana operations. Jean Ball: No comment. Cheryl Burnett: No comment. Laurel Brink: It sounds as if this is already law. Carl Smith, DCD director: We have received an application from the entity. We will be applying current codes, but we do not have current regulations specific to recreational marijuana. Jim McCrae: I have changed my location with the WSLCB. In the attempt to close a “loop-hole”, I see that Jefferson County has agricultural right and privileges. It is a “taking” of my land to limit even greenhouses. There should be no discrimination of temporary and permanent structures. Tim Fager: Has also moved his operation. Being discriminatory against anything is any way is bad. Our community should want to promote growth and good-paying jobs. Our County doesn’t even know what the WSLCB regulations are after over a year. John Gunning: No Comment. Tim Wilkins: Most jurisdictions have a “pro marijuana representative” at their Community Development department. Sound Experience was gifted the property next door which
Page 1 of 2 Planning Commission Meeting 05/20/2015 Page 1 of 54
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
May 6, 2015
has an unpermitted house. When I had a meeting with a planner to clear some trees, I was advised at the time of my consultation that I did not a permit. My son has a house that was sitting idle for 8 years, and a complaint was filed. All residents of Gybe Ho Rd should be required to comply as well. Linda Gately: The Marrowstone Community Development Plan is adopted by the County and had any of the applicants read the development plan beforehand, they would not have chosen Marrowstone Island for their operation. Jean Ball: There was a special committee created to decide the issues, which were narrowed to light, traffic, and noise. I don’t need to notify my neighbors when I’m growing tomatoes, but I do for marijuana? Stop the discrimination. Gary Johnson: Received issuance of his 8’ fence a few weeks ago. How will the setbacks and maximum building sizes apply to existing buildings that might be converted? How are complaints investigated and prioritized? Linda Gately: There is one water source on Marrowstone Island that should be considered. I don’t know of any carrot high-volume crop. Matt Sircely: What would happen if someone had an existing barn and converted it? Colleen Zmolek, DCD planner:They could “close off” part of the building, but would not be approved if it did not meet setbacks. Tim Fager: I’d like to know how many complaints are filed each year. Carl Smith, DCD director: Approximately 50 to 100. Our part-time building inspector conducts a site visit. Complaints are prioritized based on human/life safety. Jim McCrae: Could a representative from the Planning Commission be present for the BOCC hearing? Carl Smith, DCD director: A member of the Planning Commission is always welcome to be present. DISCUSSION
Proposed Agricultural/Recreational Marijuana Regulations
Informal poll to include the conditional use application process for recreational marijuana processing in
RR/Forest: No: Tom Brotherton, Matt Sircely Yes: Cynthia Koan, Richard Hull, Gary Felder, Patricia Farmer Informal poll for a 5% versus 10% building footprint maximum: 5% - Matt Sircely, Cynthia Koan, Patricia Farmer, Tom Brotherton, Richard Hull 10% - none Gary Felder abstained.
Informal poll for the caps on RR1:5: Yes on cap: Matt Sircely, Cynthia Koan, Richard Hull, Gary Felder, Tom Brotherton
Informal poll for the caps on RR1:10 and RR1:20: Yes on cap: Matt Sircely, Cynthia Koan, Richard Hull, Gary Felder Yes for a cap on permanent structure, but NOT greenhouses: Tom Brotherton Carl Smith reminded the Planning Commission that a public hearing is noticed on the proposed regulations for recreational marijuana and scheduled for 05/20/2015. All present commissioners confirmed they would be in attendance at the 05/20 hearing. Adjourned at 8:40 pm These meeting minutes were approved this ____________ day of ___________________________, 2015. ________________________________________ _________ ______________________________________________________________ Kevin Coker, Chair Elizabeth Williams, PC Secretary/DCD Planning Clerk
Page 2 of 2 Planning Commission Meeting 05/20/2015 Page 2 of 54
JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 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 ________________________________________________________________________________________ Building Permits & Inspections | Development Consistency Review | Long Range Planning | Watershed Stewardship Resource Center
TO: Planning Commission
FROM: Carl Smith, DCD Director
Colleen Zmolek, Associate Planner
RE: Land Use Regulations for Recreational Marijuana
DATE: May 20, 2015 ______________________________________________________________________________________
Tonight is a public hearing on proposed amendments to the Jefferson County Code to create regulations for
recreational marijuana (i-502) uses. The proposed amendments are shown in a “track changes” format in the following documents, listed in order of appearance:
•JCC 18.15.040 Table 3-1 Use Table
•JCC 18.18.040 Table 3A-1 Irondale and Hadlock UGA Use Table
•JCC 18.20.030 Table Agricultural Activities and Accessory Uses
•18.20.xx Performance Standards
Also included are the additional documents related to the public hearing:
•18.45.080 Guidance to Create Findings
•Facts and Findings
The Planning Commission is to review each proposed amendment and receive all public comment at the
public hearing prior to voting its recommendation to the Board of County Commissioners. The Planning
Commission’s role is established at JCC 18.45.00(3):
“(3) Planning Commission Role. The Jefferson County planning commission is an advisory body that shall make
recommendations to the county commissioners on all Comprehensive Plan matters, including amendments to the plan text and Land Use Map, implementing regulations and subarea plans.”
G:\PLANNING\I-502\I-502\PC cover memo\PC cover memo re MJ -meeting of 5-20-15.docx
Planning Commission Meeting 05/20/2015 Page 3 of 54
JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
6.Land Use Districts: AG Agricultural Resource Lands I Rural Industrial
AP-20 Prime Agricultural Land RI Resource Industrial
AL-20 Agricultural Land of Local Importance LI/C Light Industrial/Commercial (Glen Cove)
LI Light Industrial (Glen Cove)
F Forest Resource Lands LI/M Light Industrial/Manufacturing
CF-80 Commercial Forest HI Heavy Industrial
RF-40 Rural Forest
IF Inholding Forest P Public
PPR Parks, Preserves and Recreation
RR Rural Residential
RR 1:5 Rural Residential – 1 DU/5 Acres UGA Urban Growth Area
RR 1:10 Rural Residential – 1 DU/10 Acres [See Chapter 18.18 JCC]
RR 1:20 Rural Residential – 1 DU/20 Acres
RC Rural Commercial
RVC Rural Village Center
CC Convenience Crossroad
NC Neighborhood/Visitor Crossroad
GC General Crossroad
7.Forest practices (including timber harvesting), except for Class IV, general (see JCC 18.20.160) are regulated by the Washington Department of
Natural Resources.
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA
Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RI LI/C LI LI/M HI PPR UGA
Residential Uses See Chapter 18.18 JCCSingle-Family Housing
Accessory dwellings units Yes Yes Yes Yes Yes Yes No No No No Yes Yes No No No
Caretaker residence (public parks) No No No No No No No No No No No No No No C(a)
Co-housing/intentional communities (subject to PRRD overlay in RR districts)
Yes No Yes Yes Yes Yes No No No No No No No No No
Manufactured/mobile home parks (subject to PRRD overlay in RR districts)
No No Yes Yes Yes Yes No Yes Yes No No No No No No
Single-family residences Yes Yes Yes Yes Yes Yes No No No No No No No No No
Transient rental of residence or accessory dwelling unit Yes Yes Yes Yes Yes Yes No No No No No No No No No
Duplexes (subject to meeting underlying density requirements)Yes Yes Yes Yes Yes Yes No No No No No No No No No
Farm worker housing See JCC 18.20.030 No No No No No No No No No No No No No No
Multifamily Housing
Multifamily residential units (3+ units)No No No No No Yes No Yes Yes No No No No No No
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
Residential care facilities with up to 5 persons No No Yes Yes Yes Yes No No Yes No No No No No No
Residential care facilities with 6 to 20 persons No No C C C Yes No No No No No No No No No
Nursing/convalescent/assisted living facilities No No C C C Yes No Yes Yes No No No No No No See Chapter 18.18 JCC
Unnamed residential uses No No D D D D No D D No No No No No No
Accessory Uses
Home businesses Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes No No
Cottage industry (not including Recreational Marijuana)C(a) C(a) C(d) C(d) C(d) Yes No Yes Yes No Yes Yes Yes No No
Hobby kennel Yes Yes Yes Yes Yes No No No No No No No No No No
Commercial Uses
Animal commercial kennels and catteries See JCC 18.20.030 C(d) C(d) C(d) C(d) C(d) No No C(d) No No No No No No
Automotive service and repair No No No No No Yes No Yes Yes No Yes Yes Yes No No
Automotive service and repair (with subordinate auto sales)No No No No No Yes No No Yes No No No No No No
Bed and breakfast inn (4 to 6 rooms)Yes No C(a) C(a) C(a) Yes No Yes Yes No No No No No No
Bed and breakfast residence (1 to 3 rooms)Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No
Boat storage, commercial (outside of SMP)No No No No No Yes No No Yes No Yes Yes Yes No No
Boat building and repair, commercial No No No No No C No No No No Yes Yes Yes Yes No
Clinics (medical, dental, and vision) No No No No No Yes No Yes Yes No No No No No No
Convenience and video stores No No No No No Yes Yes Yes Yes No No No No No No
Day care, commercial C No No No No Yes No Yes Yes No No No No No No
Drinking establishment No No No No No Yes No Yes Yes No No No No No No
Eating establishment No No No No No Yes Yes Yes Yes No C No No No No
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
Commercial Uses
Sexually Oriented Businesses No No No No No C C No C No C No No No No See Chapter 18.18 JCC
Small equipment repair, sales and rental services See JCC 18.20.030
No No No No Yes No Yes Yes No Yes Yes Yes No No See Chapter 18.18 JCC
Construction contractor, commercial No No No No No Yes No No/ Yes 1
Yes No Yes Yes Yes No No
Food and beverage stands No No No No No Yes Yes Yes Yes No Yes Yes Yes Yes No
Gas stations No
No
No
No
No
Yes
Yes
Yes
Yes
No
No
No
No
No
No
Golf courses and driving ranges No
No
C
C
C
No
No
No
No
No
No
No
No
No
C
Grocery stores and gift shops No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
Hotel/motel No No No No No Yes No No2 C No No No No No No
Indoor entertainment or recreational facility No No No No No Yes No Yes Yes No No No No No No
Liquor stores No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
Lumber yards/building supply and materials No No No No No Yes No No C No Yes Yes Yes No No
Marijuana Recreational Retailer C(d) No No No No Yes No Yes Yes Yes Yes Yes Yes Yes No
Mini-storage facilities No
No
No
No
No
Yes
No
C/ Yes3
Yes
No
Yes
No
Yes
No
No
Personal and professional services No
No
No
No
No
Yes
D
D
Yes
No
No
No
No
No
No
Resorts, master planned (new) See Article IV of Chapter 18.15 JCC
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
Retail sales and services (not including Recreational Marijuana retail)
See JCC 18.20.030
No No No No Yes D D Yes No No No No No No
Vehicle sales, new and used retail (auto and RV) No No No No No C(a) No No No/ C(a)4
No No No No No No
Veterinary clinics and hospitals See JCC 18.20.030
Unnamed commercial uses No
No
No
No
No
D
D
D
D
No
D
No
No
No
No
See Chapter 18.18
JCC
Industrial Uses
Bulk plant or terminal facilities No No No No No No No No No No C C C C No
Asphalt and concrete batch plants No C No No No No No No No No No No No Yes No
Heavy equipment sales and rental services No No No No No C(a) No No C(a) No Yes Yes Yes No No
Heavy industrial, resource-based No No No No No No No No No C(a) No No No Yes No
Light industrial/manufacturing (not including Recreational Marijuana
processing)
See JCC 18.20.030
No No No No No No No No C(a) Yes Yes Yes No No
Food or beverage bottling and/or packaging See JCC 18.20.030
No
No
No
No
No
No
No
No
No
Yes
Yes
Yes
No
No
Outdoor storage yards See JCC 18.20.030
No No No No No No No No C(a) Yes Yes Yes Yes No
Recycling center See JCC 18.20.030
No No No No No No No/C5 No/C6 No Yes Yes Yes No No
Marijuana Recreational Processor C(d) C(d)
C(d)
C(d)
C(d)
No No No No Yes Yes Yes Yes Yes No
Mineral extraction activities (without MRL overlay) Yes
Yes
C
C
C
No
No
No
No
No
No
No
No
No
No
Mineral extraction activities (w/ MRL overlay) (10-acre min. lot size)
Yes Yes Yes Yes Yes No No No No No No No No No No
Mineral processing accessory to extraction operations (without MRL overlay)
C
C
C
C
C
No
No
No
No
Yes
C
C
C
Yes
No
Mineral processing accessory to extraction operations (w/MRL overlay)
Yes Yes C C C No No No No Yes No No No Yes No
Warehouse/wholesale distribution See JCC No No No No No No No No No Yes Yes Yes No No See Chapter 18.18
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
center 18.20.030 JCC
(Automobile) wrecking yards and junk (or salvage) yards No No No No No No No No/ Yes7
No/ Yes8
No No No Yes Yes No
Unnamed industrial uses No
No
No
No
No
No
No
No
No
D
D
D
D
D
No
Institutional Uses
Essential Public Facilities9 See JCC 18.15.110
Airports (w/o airport EPF overlay) No No No No No No No No No No No No No No No
Educational facilities (state owned) No No C C C C No C C C C C C No No
Large-scale regional transportation facilities (state owned) (e.g., freeways, ferry terminals)
No
No
C
C
C
C
No
C
C
C
C
C
C
C
No
Correctional facilities No
No
C
C
C
C
No
C
C
C
C
C
C
C
No
Solid waste handling and disposal facilities No No C C C C No C C C C C C C No
Inpatient substance abuse and mental health facilities No
No
C
C
C
C
No
C
C
No
No
No
No
No
No
Unnamed essential public facilities See JCC 18.20.030
No C C C C C C C C
Public Purpose Facilities
Animal shelter C(d) C(d) C(d) C(d) C(d) C(d) C(d) C(d) C(d) No No No No C(d) C(d)
Assembly facilities See JCC 18.20.030
No C(d) C(d) C(d) Yes No C(a) C(a) No No No No No No
College or technical school/adult education facility (not state owned) See JCC 18.20.030
No No No No C No C C No No No No No No
Emergency services (police, fire, EMS) C C C C C C C C C C C C C C C See Chapter 18.18 JCC
Government offices No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
C(a)
Library No
No
No
No
No
Yes
No
Yes
Yes
No
No
No
No
No
No
Museum No No No No No Yes No Yes Yes No No No No No C(d)
Parks and playfields C C Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Post office No No No No No Yes Yes Yes Yes No No No No No No
Public works maintenance/equipment storage C C C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes No
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
shops
Recreational facilities C C Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Recycling collection facilities See JCC 18.20.030
C(a) C(a) C(a) C(a) Yes Yes Yes Yes Yes Yes Yes Yes Yes C(a)
School, primary and secondary See JCC 18.20.030
No C C C C No No C No No No No No No
Visitor/interpretive center No
C(d)
C(d)
C(d)
C(d)
C(d)
No
C(d)
C(d)
No
No
No
No
No
C(d)
Water/wastewater treatment
facilities No
No
C(d)
C(d)
C(d)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
C(d)
Cemeteries No
No
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
No
Religious assembly facility No
No
C(d)
C(d)
C(d)
C(a)
No
C(a)
C(a)
No
No
No
No
No
No
Unnamed institutional uses No
No
D
D
D
D
D
D
D
D
D
D
D
D
D
Small-Scale Recreation and Tourist Uses
Aerial recreational activities (e.g., balloon rides, gliders) No
No
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
Animal preserves and game farms with dangerous wild animals No No C(d) C(d) C(d) No No No No No No No No No No See Chapter 18.18 JCC
Animal tourist farms with domestic and nondangerous wild animals See JCC 18.20.030
Agritourism See JCC 18.20.030
Campgrounds and camping facilities, new See JCC 18.20.030
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
Yes
Campgrounds, camping facilities and small-scale resorts; expansion of existing facilities
See JCC 18.20.030
C(d) C(d) C(d) C(d) No No No No No No No No No Yes
Cultural festival and historic sites,
permanent C(d)
C(d)
C(d)
C(d)
C(d)
C(d)
No
C(d)
C(d)
No
No
No
No
No
Yes
Equestrian centers C(d)
C(d)
C(d)
C(d)
C(d)
No
No
No
No
No
No
No
No
No
No
Outdoor commercial amusement facilities See JCC 18.20.030
No
C
C
C
Yes
No
No
Yes
No
No
No
No
No
No
Outdoor archery ranges No C(d) C(d) C(d) C(d) No No No No No No No No No No
Recreational, cultural or religious conference center/retreat facilities See JCC 18.20.030
No
C
C
C
C(d)
No
No
C(d)
No
No
No
No
No
No
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
Recreational vehicle parks No C(d) C(d) C(d) C(d) Yes No No Yes No No No No No No
Outdoor shooting ranges No C No No No No No No No No No No No No No
Outdoor recreational equipment rental and/or guide services See JCC 18.20.030
No C(d) C(d) C(d) Yes No Yes Yes No No No No No No
Public display gardens C(d) C(d) C(d) C(d) C(d) Yes No No No No No No No No Yes
Rural restaurant, only when associated with a primary recreational or tourist use
See JCC 18.20.030
No C(d) C(d) C(d) N/A N/A N/A N/A No No No No No No See Chapter 18.18 JCC
Recreational off-road vehicle (ORV) and all-terrain vehicle (ATV) parks and recreational areas
No
C
No
No
No
No
No
No
No
No
No
No
No
No
No
Rural recreational lodging or cabins
for transient rental See JCC
18.20.030
No
C
C
C
N/A
N/A
N/A
N/A
No
No
No
No
No
No
Unnamed small-scale recreation and tourist uses See JCC 18.20.030
No
C(d)
C(d)
C(d)
D
D
D
D
No
No
No
No
No
D
Temporary Uses
Seasonal roadside stands See JCC 18.20.330
Temporary festivals See JCC 18.20.390
Temporary outdoor uses See JCC 18.20.380
Transportation Uses
Park and ride lots/transit facilities C(d) C(d) C(d) C(d) C(d) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Roads, public or private Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Trails and paths, public or private Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Unnamed transportation uses D D D D D D D D D D D D D D D
Utilities Uses
Commercial communication facilities See JCC 18.20.130
Utility developments, major C C C C C C C C C C C C C C C
Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a) C(a)
Unnamed utility uses D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
See Chapter 18.18 JCC Agricultural and Forestry Uses
Agricultural activities and accessory See JCC 18.20.030
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JCC 18.15.040 Table 3-1
Allowed and Prohibited Uses
uses
Aquacultural uses and activities (outside of shoreline jurisdiction) Yes No Yes Yes Yes No No No No No No No No No No
Aquatic plant and animal processing
and storage See JCC
18.20.030
No
No
No
No
No
No
No
No
No
Yes
Yes
Yes
Yes
No
Lumber mills and associated forestry processing activities and uses
See JCC 18.20.030
C(a)
No
No
No
No
No
No
No
Yes
No
No
No
Yes
No
Marijuana Recreational Producer Yes C(d) C(d C(d C(d No No No No Yes Yes Yes Yes Yes No
Nurseries Yes Yes C(d) C(d) C(d) Yes No Yes Yes No No No No No No
Unnamed agricultural and forestry uses D D D D D No No No No No No No No No No
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18.18.040 Use tables.
This section establishes whether a specific use is allowed, prohibited, conditional or otherwise designated.
Table 3-1. Allowable and Prohibited Uses
How To Use This Table
Table 3A-1 displays the classifications of uses for UGA zoning districts.
The allowability and classification of uses as represented in the table are further modified by the following:
•The location may have a multiple designation. This would be true of the Shoreline Master Program, a subarea
plan, or an overlay district applied to the location. The Shoreline Master Program (SMP) should be consulted if
the location of interest is subject to the SMP jurisdiction. See also Notes 1 to 3 to this table.
•All regulations in this code apply to the uses in these tables. To determine whether a particular use or activity
can occur in a particular land use district and location, all relevant regulations must also be consulted in addition
to this table.
•A development proposal within 200 feet of the ordinary high water mark of a regulated shoreline is within the
jurisdiction of the Shoreline Master Program, and is subject to the applicable provisions of the SMP in this title.
•Overlay districts provide policies and regulations in addition to those of the underlying land use districts for
certain land areas and for uses that warrant specific recognition and management. For any land use or
development proposed to be located entirely or partly within an overlay district, or within the jurisdiction of a
subarea plan, the applicable provisions of the overlay district or subarea plan as provided in Articles VI and VII of
Chapter 18.22 JCC shall prevail over any conflicting provisions of the UDC.
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Categories of Uses
Yes = Uses allowed subject to the provisions of this code, including meeting applicable performance
standards (Chapter 18.20 JCC) and development standards (Chapter 18.30 JCC); if a building or other
development permit is required, this use is also subject to project permit approval; see Chapter 18.40
JCC.
D = Discretionary uses are certain named and all unnamed uses which may be allowed subject to
administrative approval and consistency with the UDC, unless the administrator prohibits the use or
requires a conditional use permit based on project impacts; see JCC 18.15.045 and Chapter 18.40
JCC.
C = Conditional uses, subject to criteria, public notice, written public comment and public hearing
procedure; see JCC 18.40.080.
C(a) = Conditional uses, subject to criteria, public notice, written public comment, and an administrative
approval procedure, but not a public hearing; see JCC 18.40.080.
C(d) = Conditional uses, subject to criteria, public notice, written public comment and, at the discretion of the
administrator, a public hearing procedure, if warranted, based on the project’s potential impacts, size
or complexity, according to criteria in JCC 18.40.550; see JCC 18.40.080.
No = Prohibited use.
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Residential Uses
Single-Family Housing
Single-family residences Existing only Existing only Yes Yes No No No
Duplexes (subject to meeting underlying
density requirements)
Existing only Existing only Yes Yes No No No
Manufactured/mobile home parks Existing only No Yes Existing only Yes No No
Multifamily Housing
Multifamily residential units (3+ units) Existing only Existing only No Yes Yes No No
Residential adult care facilities Yes No Yes Yes Yes No No
Nursing/convalescent/assisted living facilities Yes No Yes Yes Yes No No
Accessory Uses
Accessory dwelling units Existing only Existing only Yes Yes Yes No No
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Home businesses1 Yes Yes Yes Yes Yes No No
Cottage industries1 Yes Yes No No No No No
Commercial Uses
Animal shelters and kennels, commercial C(a) C(a) No No No No No
Aquaculture Yes Yes No No No Yes No
Automobile service station Yes Yes No No No No No
Automobile repair and/or restoration Yes Yes No No No Yes No
Automobile (car) wash Yes Yes No No No No No
Automobile sales Yes No No No No No No
Bakery Yes Yes No No No No No
Banks and credit unions Yes Yes No No No No No
Bed and breakfast residence Yes Yes Yes Yes Yes No No
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Billiard parlor Yes Yes No No No No No
Blueprinting and photostatting Yes No No No No Yes No
Boat building and repair Yes Yes No No No Yes No
Boat sales Yes Yes No No No Yes No
Bowling alley Yes Yes No No No No No
Building supply and hardware store Yes No No No No No No
Child day care, commercial Yes Yes Yes Yes Yes No No
Clinics (medical, dental, and vision) and
veterinary clinics and hospitals
Yes Yes No No No No No
Convenience store Yes Yes No No No No No
Contractor yards (commercial excavating) Yes No No No No Yes No
Drinking establishment Yes Yes No No No No Yes
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Eating establishment Yes Yes No No No Yes2 Yes
Entertainment facility, indoor Yes Yes No No No No Yes
Entertainment facility, outdoor Yes Yes No No No No Yes
Grocery store Yes Yes No No No No No
Gift shop Yes Yes No No No No No
Liquor store Yes Yes No No No No No
Lodging facilities (incl. motel/hotel)3 Yes Yes No No No No No
Lumber yard Yes No No No No No No
Marijuana recreational retailer Yes No No No No Yes No
Mini-storage facilities No No No No No Yes No
Personal and professional services Yes Yes No No No No No
Retail sales and services (not including recreational marijuana) Yes Yes No No No No No
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Sexually oriented businesses4 C C No No No C No
Unnamed commercial uses D D No No No No No
Industrial Uses
Asphalt batch plants No No No No No No No
Boat storage No No No No No Yes No
Concrete batch plants No No No No No Yes No
Bulk fuel storage facilities No No No No No C No
Feed lots No No No No No No No
Heavy equipment sales and rental services Yes No No No No Yes No
Heavy industry No No No No No No No
Light industry (not including recreational
marijuana) No No No No No Yes No
Outdoor storage yards Yes No No No No Yes No
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Resource processing, accessory to extraction
operations
No No No No No Yes No
Marijuana recreational processor No No No No No Yes No
Mining and mineral extraction activities No No No No No Yes No
Recycling center C No No No No Yes Yes
Warehouse/moving storage No No No No No Yes No
Warehouse/wholesale distribution center C(a) No No No No Yes No
(Automobile) wrecking and salvage yards No No No No No Yes No
Unnamed industrial uses No No No No No D No
Institutional Uses
Essential public facilities See JCC 18.15.110
Public Purpose Facilities
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
• College or technical school Yes C No No No Yes Yes
• Emergency services (fire, police, EMS) Yes Yes C C C Yes Yes
• Government offices Yes Yes No No No No Yes
• Library/museum/post office Yes Yes No No No No Yes
• Parks No Yes Yes Yes Yes No Yes
• Public works maintenance/equipment
storage shops
Yes No No No No Yes Yes
• Recycling collection facilities Yes Yes C(a) C(a) C(a) Yes Yes
• School, primary and secondary Yes Yes C C C No Yes
• Visitor/community center Yes Yes C(d) C(d) C(d) No Yes
• Water and wastewater treatment facilities Yes Yes C(d) C(d) C(d) Yes Yes
Cemeteries No No C(d) C(d) C(d) No Yes
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Church C(d) C(d) Yes Yes Yes No No
Nonprofit club or lodge, private Yes Yes C(d) C(d) Yes No No
Unnamed institutional facilities D D D D D D D
Transportation Uses
Park and ride lots/transit facilities Yes Yes C(d) C(d) C(d) Yes Yes
Trails and paths, public or private Yes Yes Yes Yes Yes Yes Yes
Unnamed transportation uses D D D D D D D
Utility Uses
Commercial communication facilities See JCC 18.20.130
Utility developments, major C C C C C C C
Utility developments, minor C(a) C(a) C(a) C(a) C(a) C(a) C(a)
Unnamed utility uses D D D D D D D
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Table 3A-1
Allowable and Prohibited Uses
Irondale and Port Hadlock Urban Growth Area (UGA) Zoning Districts
Commercial Residential Industrial Public
Urban Commercial
Visitor-
Oriented
Commercial
Urban Low
Density
Residential
Urban
Moderate
Density
Residential
Urban High
Density
Residential
Urban
Light
Industrial
Public
Specific Land Use UC VOC ULDR UMDR UHDR ULI P
Agricultural and Forestry Uses
Agricultural uses and activities No No Existing only No No Yes No
Agricultural processing, heavy No No No No No Yes No
Aquatic plant and animal processing and
storage
No No No No No Yes No
Lumber mill, stationary No No No No No No No
Marijuana recreational producer No No No No No Yes No
Nurseries Yes No No No No No No
Unnamed agricultural and forestry uses D D D D D D D
1 Home businesses and cottage industries are allowed in existing residential structures within commercial and visitor-oriented commercial zones. 2 Maximum building size of 800 square feet.
3 Hotel/motel rooms are not dwelling units and shall not be subject to residential density requirement. 4 See JCC 18.20.345 for performance standards. [Ord. 3-12 § 1 (Exh. H); Ord. 9-09 § 2 (Exh. B); Ord. 3-09 § 5 (Exh. G)]
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18.20.030 Agricultural activities and accessory uses.
(1) Definitions. For the purposes of this section, the following definitions shall apply. Other relevant definitions appear in subsections of this section and in Chapter 18.10 JCC.
(a) Agriculture. The science, art, and business of producing crops, or raising livestock; farming.
(b) Agricultural Activities. Land preparation for agricultural purposes, such as clearing, grading, contouring, ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed, pest and disease control, spraying, pruning, trimming, harvesting, processing, packing, sales, and
construction of farm and stock ponds, irrigation ditches and systems; livestock management,
such as breeding, birthing, feeding and care of animals, birds, honey bees, and fish; the repair
maintenance and incidental construction of equipment, structures, or machinery used to perform
agricultural or husbandry operations; and the storage of agricultural products and machinery.
(c) Agricultural Product or Commodity. Any plant or part of a plant, or animal, or animal product,
produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas
tree growers, aquaculturists, floriculturists, orchadists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals.
(d) Accessory Uses. Uses accessory to agriculture that support, promote, or sustain agricultural operations and production, as provided in subsection (3) of this section.
(e) Agricultural Lands. Designated as either prime agricultural land (AP-20) or agricultural land of local importance (AL-20) on the official map of Comprehensive Plan land use designations. Agricultural lands of long-term commercial significance is a category of resource lands under the State Growth Management Act and the Jefferson County Comprehensive Plan.
(f) Open Space Tax Program. County program associated with property taxation. Land being
used for agriculture may be enrolled in the tax program through the county assessor. The tax
program is independent of land use designation (i.e., zoning) and these development
regulations, except in the context of identifying “existing and ongoing agriculture,” as defined in
this code and exempted from standard stream and wetland buffers as described in subsection (2)(b)(ii) of this section.
(g) Existing and Ongoing Agriculture. Any agricultural activities conducted on an ongoing basis on lands enrolled in the open space tax program for agriculture or designated as agricultural lands; provided, that agricultural activities were conducted on those lands at anytime during the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use.
(h) New Agriculture. Agricultural activities proposed or conducted after April 28, 2003, and that do not meet the definition of “existing and ongoing agriculture.”
(i) Agricultural Best Management Practices (BMPs). Schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
pollution of waters or degradation of wetlands and fish and wildlife habitat areas.
(j) Farm Equipment. Includes, but is not limited to, tractors, trailers, combines, tillage
implements, balers, and other equipment, including attachments and accessories that are used
in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products.
(2) Agricultural Activities.
(a) Where Allowed. Agricultural Activities, as defined above and excepting those related to recreational marijuana, are an allowed use under any of the Comprehensive Plan land use designations, subject to the provisions of this subsection, except that “processing,” “packing,” and “sales” are regulated under subsection (3) of this section, Accessory Uses. Agricultural Activities related to
marijuana producing, processing and retail are subject to this section and JCC 18.20.XX for
Recreational Marijuana. Where conflicts occur, the more restrictive shall apply.
(b) When Exempt from Permit Process. Agricultural activities are considered a matter of right
and not subject to land use permits or approval from the administrator, subject to the following:
Planning Commission Meeting 05/20/2015 Page 24 of 54
(i) Other Applicable Laws and Rules. This section does not exempt the proponent from
acquiring any other required approvals from county, state or federal agencies, including,
but not limited to, approvals related to matters of public health, safety, and welfare.
(ii) Critical Areas. The Growth Management Act, Chapter 36.70A RCW, requires local
governments to designate and protect “critical areas,” such as wetlands and fish and wildlife habitat areas. This code contains provisions for the protection of critical areas at Article VI-D of Chapter 18.15 JCC, et seq. The fish and wildlife habitat areas section is Article VI-H of Chapter 18.15 JCC and includes protections for streams and their buffers. The wetlands section is Article VI-I of Chapter 18.15 JCC and includes protections for wetland buffers. These sections pertain to agricultural activities in the following manner:
(A) New agriculture is required to meet all applicable provisions of Article VI-D of Chapter 18.15 JCC, et seq.
(B) Existing and ongoing agriculture is exempt from standard stream and wetland
buffers. Refer to Articles VI-H and VI-I of Chapter 18.15 JCC, respectively. The
exemption covers only existing and ongoing activities related to cultivating crops and
grazing livestock and the land preparation associated with those agricultural
activities. The exemption does not cover new structures, parking areas, or other
similar development activities. New development activities related to agriculture are
regulated as new agriculture.
(C) In exchange for this exemption from standard stream and wetland buffers, the agricultural communities in each Jefferson County watershed are expected to establish and implement appropriate agricultural best management practices (BMPs) in order to protect wetlands and fish and wildlife habitat areas from adverse impacts related to the practice of agriculture. Refer to subsection (3) regarding agricultural BMPs below.
(D) The exemption from standard stream and wetlands buffers for existing and ongoing agriculture will be revisited during periodic review of the Comprehensive
Plan and development regulations, pursuant to RCW 36.70A.130. If the county finds
through evaluation of best available science that the voluntary implementation of
agricultural BMPs is failing to protect wetlands and fish and wildlife habitat areas
from impacts related to agriculture in any given watershed or specific areas within a given watershed, this exemption will be modified or eliminated for that watershed or particular sites within that watershed.
(iii) Agricultural Best Management Practices. Agricultural activities are expected to be conducted in a manner that protects against harm or degradation to the existing functions and values of fish and wildlife habitat in and adjacent to streams and wetlands through the implementation of agricultural best management practices (BMPs).
(A) Agricultural landowners and operators are encouraged to design BMPs through consultation with the following resources:
(I) Section 4 of the USDA Natural Resources Conservation Service (NRCS)
“Field Office Technical Guide” (FOTG) contains a nonexclusive list of
conservation practices (BMPs) to guide implementation of the expectations of
this section.
(II) The Jefferson County conservation district is available to assist in the development of informal farm plans as well as formal plans such as the resource management system (RMS) plan or other type of conservation plan approved through the NRCS.
(B) BMPs should be designed for site-specific conditions and should include pollution prevention and control measures that effectively address the following management areas:
(I) Livestock and Dairy Management. Livestock and dairy operations must be conducted so as not to contribute any wastes or sediments into a natural or modified natural stream in violation of adopted state water quality standards.
(II) Nutrient and Farm Chemical Management. Manure must not be placed in a
stream or location where such wastes are likely to be carried into a stream by
any means. Farm chemicals shall be applied consistent with all requirements
Planning Commission Meeting 05/20/2015 Page 25 of 54
stated on the chemical container labels and all applicable federal and state
laws and regulations, such as Chapter 15.58 RCW (Pesticide Control Act),
Chapter 17.21 RCW (Pesticide Application Act), and 7 United States Code
(USC) 136, et seq., (Federal Insecticide, Fungicide, and Rodenticide Act).
(III) Soil Erosion and Sediment Control Management. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams.
(IV) Operation and Maintenance of Agricultural Drainage Infrastructure. Dredging or removal of accumulated sediments in any ditch or ditched stream should be conducted when there is no or minimal flow in the stream (generally between June 15th and October 31st) and in a manner that minimizes sediment contribution or other impacts to water quality. Excavation spoils
should be placed so as not to cause bank failures and so that drainage from
such spoils does not contribute sediment to streams. Maintenance of
vegetation located within a stream that is part of drainage infrastructure may
be conducted at any time; provided, that any cutting or mowing is above the
ground surface within the channel and in a manner that does not disturb the
soil or sediments and that the cut vegetation does not block water flow. Stream bank vegetation should be preserved or planted as soon as practicable after drainage construction and maintenance are completed in order to stabilize earthen ditch banks.
(V) Riparian Management. Existing riparian vegetation should be managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife. Landowners are encouraged to plant riparian vegetation to improve fish and wildlife habitat by providing shade, cover, organic debris, and control of noxious weeds.
(C) An owner or operator is responsible only for those conditions caused by
agricultural activities conducted by the owner or operator and is not responsible for
conditions that do not meet the standards of this subsection resulting from actions of
others or from natural conditions not related to the on-site agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect are not the responsibility of the owner or operator.
(D) Agricultural activities are expected to meet the objectives and standards of this subsection through voluntary compliance.
(E) Jefferson County, the Jefferson County conservation district, and the Department of Ecology work cooperatively to identify potential violations of state water quality standards and to provide assistance to agricultural owners and operators for
preventing or correcting water quality violations. The Department of Ecology
maintains ultimate compliance authority for enforcing state water quality standards.
(F) “Existing functions and values” relates to the following categories:
(I) Water quality, as documented in a given watershed by the Jefferson County
conservation district or other management agency.
(II) The existence or absence of large woody debris within a stream, as documented in the “Salmon & Steelhead Habitat Limiting Factors” analyses completed by the Washington Department of Fish and Wildlife (WDFW) between 2000 and 2003 for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(III) The existing riparian buffer characteristics and width, including, but not limited to, the existing amount of shade provided by the existing riparian buffer, as documented in the “Salmon & Steelhead Habitat Limiting Factors” analyses completed by WDFW between 2000 and 2003 for the Water Resource
Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies.
(IV) The existing channel morphology as documented with year 2000
Department of Natural Resources (DNR) Aerial Photography.
Planning Commission Meeting 05/20/2015 Page 26 of 54
(G) “No harm or degradation” means the following:
(I) Maintaining or improving documented water quality levels, if available.
(II) Meeting, or working towards meeting, the requirements of any total
maximum daily load (TMDL) requirements established by the Department of
Ecology pursuant to Chapter 90.48 RCW.
(III) Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-110 WAC (Hydraulics Code).
(IV) No evidence of degradation to the existing fish and wildlife habitat characteristics of the stream or wetland that can be reasonably attributed to adjacent agricultural activities.
(H) The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-201A and 220-110 WAC shall not be interpreted to replace Department of Ecology
and WDFW authority to implement and enforce these state programs.
(iv) Stormwater Management. Jefferson County stormwater management regulations and
procedures are described in JCC 18.30.060, Grading and excavation standards, and JCC
18.30.070, Stormwater management standards. These sections pertain to agricultural
activities in the following manner:
(A) Commercial agriculture is exempt from stormwater management minimum
standards pursuant to JCC 18.30.070(2) and the referenced Department of Ecology Stormwater Management Manual for Western Washington (manual).
(B) According to the manual, “commercial agriculture” is defined as:
Those activities conducted on lands defined in RCW 84.34.020(2), and activities
involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5)
years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.
(C) Accordingly, agricultural activities such as land preparation for the cultivation of
crops or the grazing of livestock and the maintenance of agricultural irrigation infrastructure are exempt from meeting the minimum requirements for stormwater
management and from obtaining a stormwater management permit.
(D) This exemption does not apply to new development that is secondarily related to agriculture and that involves the construction of new structures, such as buildings for agricultural processing and retail sales, and the addition of impervious surfaces, such as compacted areas designed to accommodate parking.
(E) This exemption does not apply to the initial clearing of forested land. Conversion of forested land to some other use incompatible with commercial forestry, as defined in the Forest Practices Act, Chapter 76.09 RCW, requires review under JCC
18.20.160, 18.30.060 and 18.30.070. The State Department of Natural Resources
may also require a Class IV general forest practices application.
(v) Farm Ponds and Irrigation Infrastructure.
(A) Construction or expansion of farm and stock ponds and irrigation ditches and
infrastructure in association with commercial agriculture as defined above is exempt from meeting stormwater management minimum standards and from obtaining approval; provided, that said activities are not conducted in environmentally sensitive areas and their buffers as defined in Article VI-D of Chapter 18.15 JCC. Landowners are encouraged to document the creation of new exempt ponds through photographs (before, during, and after construction) in order to facilitate any future development review on the property.
(B) Construction or expansion of ponds or irrigation ditches and infrastructure in wetlands and their buffers is subject to the provisions of Article VI-I of Chapter 18.15
JCC.
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(I) Maintenance of existing farm and stock ponds and agricultural irrigation
ditches and infrastructure is allowed without having to meet the protection
standards pursuant to the exemption for “existing and ongoing agriculture” at
JCC 18.15.355(1)(e), if the activities are not prohibited by any other law.
(II) Construction of new ponds or expansion of existing ponds and drainage-related activities that would introduce new impacts is regulated under Article VI-I of Chapter 18.15 JCC. Activities within wetlands and their buffers require review and approval of a mitigation or enhancement plan pursuant to that article.
(C) Generally, pursuant to JCC 18.30.060(5)(b), drainage improvements constructed in accordance with JCC 18.30.060(2) and 18.30.070 and construction of a pond of one-half acre or less which is not in a regulated wetland are exempt from the
stormwater management permit requirement outlined in JCC 18.30.070(6).
(vi) Livestock Management.
(A) On designated agricultural lands, livestock management is allowed as a matter
of right, except:
(I) Any operation that meets the state or federal definition for an animal feeding
operation (AFO) requires a consistency review land use permit (i.e., “Yes” or
Type I).
(II) Any activity that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, or medium concentrated animal feeding operation (medium CAFO) requires a conditional administrative (C(a)) land use permit.
(III) Any operation that meets the state or federal definition for a large concentrated animal feeding operation (CAFO), certified feed lot, public livestock market, stockyard, warehouse, or grain elevator, requires a
conditional use (C) land use permit.
(B) On lands that are not designated agricultural lands, livestock management is
allowed as a matter of right, except:
(I) The slaughter and preparation of between 100 and 1,000 chickens or other
fowl in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer’s farm requires a conditional administrative (C(a)) land use permit; over 1,000 shall be prohibited.
(II) Any operation that meets the state or federal definition for an animal feeding operation (AFO) requires a conditional administrative land use permit (C(a)).
(III) Any operation that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, certified feed lot, public
livestock market, stockyard, warehouse, grain elevator, or medium or large
concentrated animal feeding operation (CAFO) shall be prohibited, except in
the heavy industrial land use designation, where a conditional use (C) land use
permit shall be required.
(C) Facilities for breeding and maintaining working dogs raised for livestock management purposes are exempt from performance of JCC 18.20.060(3), Animal kennels and shelters, in order to allow livestock guardian dogs to work during nighttime hours. Facilities for breeding and raising dogs for show or sale must be incidental and accessory to the principal farm activities and meet all of the performance standards for animal kennels and shelters at JCC 18.20.060(3).
(vii) Structures. According to JCC 15.05.040(1), certain types of agricultural structures do not require a building permit from the department of community development.
(A) No county building permit is required for buildings or structures erected exclusively for the storage of livestock, feed, and/or farm implements, provided said
structures are: freestanding, located at least 10 feet from the nearest structure and
not attached to any structure, unless attached to another agricultural building; do not
Planning Commission Meeting 05/20/2015 Page 28 of 54
contain plumbing, except as necessary to maintain farm animals; do not contain a
heat source, such as a wood stove or electric heat, unless specifically permitted.
(B) Agricultural buildings that contain plumbing other than that as authorized above
must obtain a plumbing installation permit and health department approval.
(C) Agricultural buildings that contain a heat source for an agricultural purpose must obtain a wood stove permit or an electrical permit as appropriate.
(D) Agricultural buildings used for the storage of private automobiles, trucks, etc., which are not licensed as farm equipment, are considered garages or carports and must obtain a building permit.
(E) Agricultural buildings used for the purpose of hosting members of the public for the purpose of retail sales of agricultural products or machinery constructed on-site shall require a building permit to ensure life safety and structural integrity. If an older
agricultural building constructed under the building permit exemption for agricultural
buildings is proposed for hosting members of the public, the building shall be
brought into compliance with the building code, as determined by the building
official.
(F) The building official shall judge whether a proposed structure, a structure under
construction, or a completed structure violates this building permit exemption. A
structure determined to be in violation will be considered a structure subject to the building code.
(G) Temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits are not considered structures subject to the State Building Code, Chapter 19.27 RCW, pursuant to RCW 19.27.065.
(3) Accessory Uses.
(a) General Provisions. Pursuant to RCW 36.70A.177:
(i) Accessory uses that support, promote, or sustain agricultural operations and production
shall comply with the following:
(A) Accessory uses shall be located, designed, and operated so as not to interfere
with natural resource land uses and shall be accessory to the growing of crops or
raising of animals;
(B) Accessory commercial or retail uses shall predominantly produce, store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on-site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on-site; and
(C) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert agricultural land to
nonagricultural uses.
(ii) Accessory uses may include compatible commercial or retail uses including, but not
limited to:
(A) Storage and refrigeration of regional agricultural products;
(B) Production, sales, and marketing of value-added agricultural products derived from regional sources;
(C) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production;
(D) Support services that facilitate the production, marketing, and distribution of agricultural products; and
(E) Off-farm and on-farm sales and marketing of predominantly regional agricultural products and experiences, locally made art and arts and crafts, and ancillary retail sales or service activities.
(b) Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands,
except those for Recreational marijuana. All Recreational Marijuana activities are subject to
Planning Commission Meeting 05/20/2015 Page 29 of 54
specific process approval allowances and prohibitions per Jefferson County Code
18.15.040 Table 3-1 for Recreational Marijuana and the performance standards in JCC 18.20.XX
(c) Where Prohibited. Accessory uses to agriculture, as defined and regulated in this section,
are prohibited in all land use districts except agricultural lands. Proposals that would be
classified accessory uses in agricultural lands, such as processing, packing, and sales of agricultural products, may be considered and approved in other land use districts under different and appropriate land use classifications, such as commercial use, light industrial use, home business, cottage industry, or small-scale recreation and tourist use, subject to allowed and
prohibited uses per land use district and the associated permit processes and approval criteria.
(d) When Exempt from Permit Process. Accessory uses on agricultural lands, except those for Recreational Marijuana, are considered a matter of right and not subject to land use permits or
approval from the administrator, subject to the following limitations and provisions in association
with these various use categories:
(i) General. All accessory uses, when exempted from a permit or approval process, shall be conducted in such a manner that:
(A) Parking for all visitors or suppliers is fully accommodated on-site in a location and manner that does not encroach upon or negatively impact environmentally sensitive areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use.
(B) New structures are constructed or existing structures are expanded in a location
and manner that does not encroach upon or negatively impact environmentally
sensitive areas and their protection buffers and that converts as little prime
agricultural soil as practicable into nonagricultural use.
(ii) Composting and recycling must be nonhazardous and biodegradable.
(iii) Processing and packing agricultural products if at least 50 percent of the product was raised or produced on the site or on other Jefferson County parcels, including but not limited to prepared foods, cheese, wine, beer, decorative materials, compost, etc., including cooperative processing and packing involving more than one local farmer.
(iv) Retail and wholesale sales of agricultural products from existing or new farm stands and farm buildings, including cooperative sales involving more than one local farmer, subject to the following provisions:
(A) At least 50 percent of the square footage of the undercover, retail display area is comprised of products from the farm on which the stand is located or from land owned by the owner of the stand.
(B) If less than 50 percent of the products sold come from the farm on which the sale
occurs, all the products sold must primarily supply local agricultural activities and the
sales must be accessory to the prime function of the land as a farm. Examples are
sale of hay, specialized livestock materials, farm equipment, livestock fencing,
horticultural supplies, etc.
(v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of equipment, structures, or machinery manufactured on-site for use in agricultural operations subject to the following provisions:
(A) The activity must be accessory to the main function of the property as a farm.
(B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses – Standards for site development.
(C) Storage of vehicles, equipment, materials or products not related to agriculture must meet the requirements of JCC 18.20.280, Outdoor storage yards.
(vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on
a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products,
farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm
tours, horticultural nurseries and associated display gardens, cider pressing, wine or
cheese tasting, etc., subject to the following provisions:
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(A) All activities must be closely related to normal agricultural activities. Activities
which simply adopt an agricultural theme or setting but which are not otherwise a
normal extension of agricultural activities are not permitted as a matter of right;
however, they may be considered under JCC 18.20.350, Small-scale recreation and
tourist uses. The following list of uses not permitted as a matter of right is illustrative but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade type games and activities, dance halls, stage performances, drinking establishments that serve alcohol which is not wine produced on-site, fireworks, sporting events, caged wild animals, exhibits, etc.
(B) Temporary events that are not related to agriculture are regulated by JCC 18.20.380, Temporary outdoor uses.
(vii) Classes. Subject to the following provisions:
(A) Classes are clearly accessory to the primary function of the farm.
(B) Classes must not exceed four weeks in length for any single course of
instruction. Schools with classes that exceed four weeks must meet the provisions of
subsection (3)(e)(ii)(B) of this section, addressing agricultural schools.
(C) If students are regularly housed on-site for the class, the provisions of JCC
18.20.210, Hospitality establishments, shall apply.
(viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting, sawing, processing, assembling and selling lumber is limited to timber from the designated agricultural lands property on which the activity is located and is subject to the regulations of JCC 18.20.230, Lumber mills (portable and stationary).
(e) When Permit Process is Required.
(i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are best described as one of the uses listed in subsection (3)(d) of this section and yet exceed or lie outside of the terms and limitations set forth in subsection (3)(d) of this section are
considered discretionary uses (i.e., “D” uses), as defined at JCC 18.15.020(1)(b), and
subject to a Type II administrative review as specified in Chapter 18.40 JCC. The
administrator may classify the proposed use as an allowed “yes” use, conditional
administrative use, conditional use, or prohibited use. The permit process is subsequently
conducted pursuant to Chapter 18.40 JCC according to the use classification.
(ii) Other Accessory Uses. The following accessory uses may be permitted on designated agricultural lands subject to a discretionary determination by the administrator (i.e., a Type II administrative review process for a “D” use), provided they are located, designed and operated so as not to interfere with natural resource land uses and subject to the following provisions in association with these various use categories:
(A) Permanent and/or seasonal farm worker housing, in addition to an accessory dwelling unit; provided, that:
(I) The housing is used exclusively for agricultural workers on the farm and
their families or members of the family of the farm owner with at least one
member of each household actively working on the farm.
(II) The housing for farm labor is not sold, leased or rented to the general
public unless the owner applies for and receives a permit for an agriculture-
related recreational or tourist use as specified in JCC 18.20.350.
(III) The farm worker housing units are constructed in such a manner that they meet all applicable regulations for dwelling units for agricultural worker housing.
(IV) A covenant is recorded with the title of the parcel on which the housing is located in a form satisfactory to the county that specifies that the units are exclusively for use by farm laborers and their families employed on the property by the owner. The use of the farm labor dwelling units may be converted to nonagricultural uses and the covenant removed subject to approval by the administrator and issuance of any required land use permits.
(V) The accommodations shall not require the extension of public sewer
services.
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(B) Agricultural schools which offer a program that lasts for more than 30 days per
year per student and which may be the primary function of the land, subject to the
following provisions:
(I) The predominant focus of the curriculum and activities of the school is
closely tied to and dependent upon agricultural activities and facilities on the farm. If the school has a conventional curriculum and is merely utilizing an agrarian setting, it does not qualify for location on designated agricultural land.
(II) Agricultural schools under this section which also house students and/or faculty for the duration of the course of study must meet the requirements of JCC 18.40.080 for a conditional use permit.
(III) Buildings and parking facilities used for the school avoid location on prime agricultural soils, whenever practicable.
(C) Veterinary clinics or hospitals which have at least a portion of their business
serving large domestic animals necessitating holding pens, paddocks, etc., subject
to the provisions of JCC 18.20.420(1)(a) and (b). Veterinary clinics and hospitals that
do not include an on-site, large animal practice are not permitted on land designated
agricultural land.
(D) Farm restaurant when it is a component of the agritourism activities of a farm
subject to the restrictions set forth in JCC 18.20.350(1).
(E) Farm campground for fishing or hunting on or near farm property subject to the regulations in JCC 18.20.350(6)(a)(1) through (9).
(F) Guide services associated with livestock used for trail riding, packing, etc.
(G) Rural recreational tourist lodging subject to the provisions of JCC 18.20.350.
(H) Commercial display gardens subject to the requirements of JCC 18.20.350(3). [Ord. 8-06 § 1]
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Planning Commission Meeting
May 6, 2015
Proposed Regulations for Recreational Marijuana (I-502)
JCC 18.20. PERFORMANCE STANDARDS
JCC 18.20.XX Recreational Marijuana/Cannabis
(1) General provisions. In addition to all other applicable development standards of this Chapter
and other applicable regulations within Jefferson County Code, 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 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. For purposes of this chapter, the following definitions shall apply. Where these definitions conflict with RCW 69.50.101, as now on hereafter amended, those in state
law shall govern.
(a)Marijuana or marihuana: means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds
thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination.
(b) Marijuana processor: means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and
label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers. Marijuana processing for the purpose of this section may or may not include drying,
trimming and bagging of a recreational marijuana product.
(c) Marijuana producer: means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers. Marijuana producing for the purpose of this section shall include drying, trimming and bagging of a recreational marijuana product.
(d) Marijuana-infused products: means products that contain marijuana or marijuana
extracts and are intended for human use. The term "marijuana-infused products" does not include useable marijuana.
(e) Marijuana retailer: means a person licensed by the state liquor control board to sell
useable marijuana and marijuana-infused products in a retail outlet.
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(f) Plant Canopy: Means the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones,
vegetative or flowering area. Plant canopy does not include areas such as space used
for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc.
(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
Jefferson County Code 18.15.040 Table 3-1 and 18.18.040 Table 3A-1:
a. Production: Allowed as a yes use in Agricultural zoning district, Rural Industrial andUrban Industrial zoning districts. Allowed as a Conditional Discretionary C(d) use in
Rural Residential zoning districts and Forest Resource zoning districts. Prohibited in
Rural Commercial, Urban Commercial, Urban Public, Urban Residential, County WasteManagement Essential Public Facility (CWMEPF) and Mineral Resource Lands (MRL),Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort zoning
districts.
b. Processing: Allowed as yes use in Rural Industrial and Urban Industrial zoning districts.
Allowed as Conditional Discretionary C(d) with a Cottage Industry permit in ResourceLands and Rural Residential zoning districts. Prohibited in Rural Commercial zoning
districts, Urban Commercial, Urban Public, Urban Residential, County Waste
Management Essential Public Facility (CWMEPF) and Mineral Resource Lands (MRL),Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resort zoning
districts.
c.Retailing: Allowed as a yes use in Rural Commercial, Neighborhood /Visitor (NC),
General Crossroad (GC) and Rural Village Center (RVC), Urban Commercial(UC)zoning districts. Allowed as a Conditional Discretionary C(d) on Agricultural Resource
Lands. Allowed as Conditional Discretionary C(d) with a Cottage Industry permit in
Forest and Rural Residential zoning districts. Prohibited in, Convenience Crossroads(CC), Visitor Oriented Commercial (VOC), Urban Public, Urban Residential, CountyWaste Management Essential Public Facility (CWMEPF) and Mineral Resource Lands
(MRL), Park Preserves and Recreational (PPR) and Port Ludlow Master Plan Resortzoning districts.
4)The following standards shall apply for all recreational marijuana activities.
a. Producing in the Forest and Rural Residential zones is allowed as a Conditional
Discretionary C(d) use subject to the recreational marijuana standards and structure
size limitation :
(i) Permanent and Temporary Growing Structures on Rural Residential lands RR 1:5,
RR 1:10 and RR 1:20 and forest resource lands shall meet the following standards inaddition to all other applicable sections of the Jefferson County Code.
(A) Rural Residential 1:5 - temporary or permanent growing structure size. The
allowed structure size is a total combination of square footage of gross floor area
for all growing structures.
a)Five percent (5%) of gross parcel size in square feet, up to a maximum
10,890 sf gross floor area.
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(B) Rural Residential 1:10 & 1:20 and Forest Resource lands CF-80, RF-40, IF -
Greater than 5 acres parcel size temporary or permanent growing structure size. The allowed structure size is a total combination of square footage of
gross floor area for all growing structures. a.Five percent (5%) of gross parcel size in square feet, up to a
maximum of 21,780 sf gross floor area.
b. Producing in Agricultural zoning district is allowed as a “yes use” without size
limitations but shall be subject to the standards in 18.20.030 agricultural performancestandards and 18.20.(4) recreational marijuana performance standards.
c. Processing in the Forest and Rural Residential zoning districts is allowed subject to aConditional Discretionary C(d) use permit per JCC18.20.070 Cottage Industry
Standards and as consistent with JCC 18.20.XX recreational marijuana. In addition
to the maximum structure size of 5,000 square feet for a processing structureauthorized as a Cottage Industry per Jefferson County Code 18.20.070(4)(o) for
Cottage Industry an additional growing structure(s) such as greenhouses may be
allowed up to the following size limits per parcel size and structure size for producingonly per JCC 18.20.XX(4)(a)(i).
d.Processing and Retail in the Agricultural zoning district is allowed as ConditionalDiscretionary C(d) and shall be subject to the standards in 18.20.030(3) agricultural
performance standards and 18.20.XX recreational marijuana performance standards.
e.No recreational marijuana facility may be permitted as a home business. All
recreational marijuana activities are subject to the applicable requirements ofJCC18.20 & 18.30.
f.Outdoor Producing; All outdoor producing activities in Rural Residential and ForestZones shall have an unlimited outdoor canopy without size limitations. All outdoor
producing activities for a Cottage Industry shall have an unlimited outdoor canopy
without size limitations.
g.Landscape screening. All recreational marijuana activities shall have Type “A”
landscape screening from adjacent parcels, per Jefferson County Code 18.30.130,Development Standards.
h.Setbacks. All recreational marijuana structures and activities in Agriculture, Commercial Forest, Rural Forest, Rural Residential or Rural Commercial zone that
abut Residential zoned land shall be a minimum 25 feet setback from all property lines including front road setbacks. Setbacks requirements for other zone combinations are as stated in Jefferson County Code 18.30.050 Development
Standards Table 6-1 Density Dimension and Open Space Standards.
i.Cameras. Any security cameras proposed for a recreational marijuana facility shall
be positioned so as to not intrude on the privacy of adjacent parcels.
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j.Any fence 8 feet or taller shall be located a minimum 25’ from all parcel propertylines.
k.In addition to these requirements, recreational marijuana activities shall be governedby the applicable regulation for each use.
l.Recreational Marijuana activities and facilities shall comply with all applicablestandards of the Jefferson County Code Title 18 including but not limited to
development standards in Chapter 18.30 JCC performance and Use-Specificstandards in Chapter 18.20 JCC including JCC 18.20.010 General Provisions,
18.20.020 Accessory Uses and Structures, JCC 18.20.030 Agricultural Activities and
Accessory Uses, 18.20.140 Commercial Uses – Standards for Site Development,JCC 18.20.170 Cottage Industry, and JCC 18.20.220 Industrial Uses – Standards forsite development.
m.All recreational marijuana licenses shall provide to the Department of Community
Development and Environmental Health a copy of their operations plan as submitted
to the Washington State Liquor Control Board, including details of any chemicals,processes, extraction methods, waste handling procedures and safety measures
planned for their operations.
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368
(360) 379-4450
Guidance to Create Findings for MLA14-00066
UDC Text Amendment
For
Recreation Marijuana Code
Proposed Amendment to:
Jefferson County
Unified Development Code, Title 18
May 20, 2015
To: Board of County Commissioners, Chair David Sullivan;
Department of Community Development, Director Carl Smith; and
Interested public of Jefferson County
Date: May 20, 2015
Attached:
•Proposed Text for JCC Chapter 18.20.030 Agricultural performance standards,
•Proposed Text for JCC Chapter 18.20.XX Recreational Marijuana performance standards,
•Proposed Text for JCC Chapter 18.15.040 Table 3-1 Allowed and Prohibited Uses,
•Proposed Text for JCC Chapter 18.18.040 Table 3A-1 Irondale/Port Hadlock Allowed and
Prohibited Uses,
•Recreational Marijuana Facts and Findings dated 5-20-2015.
In preparing our recommendation, we have considered the growth management indicators and other
general guidance on required findings, pursuant to JCC 18.45.080, and therefore do hereby declare
the following findings and conclusions in support of our decision:
1.Deliberations—discussion of proposal and entering findings & conclusions
“For all proposed amendments, the planning commission shall develop findings and
conclusions and a recommendation which consider the growth management
indicators set forth in JCC 18.45.050 (4)(b)(i) through (4)(b)(vii), as well as the
following:”
Planning Commission Meeting 05/20/2015 Page 37 of 54
[NOTE: text from JCC 18.45.080 (1)(b). The indicators mentioned in .050 will be
introduced and addressed later in this worksheet.]
a)Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) :
(i) Have circumstances related to the proposed amendment and/or the area in which it is
located substantially changed since the adoption of the Jefferson County Comprehensive
Plan? [Answer ‘yes’ or ‘no’ and describe why]
PC Response: Yes. WSLCB adopted final rules on October 16, 2013 for marijuana producers,
processors and retailers, said regulations being codified at Chapter 314-55 WAC. Jefferson
County Code did not cover this use.
(ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based
no longer valid; or is new information available which was not considered during the adoption
process or any annual amendments of the Jefferson County Comprehensive Plan?
PC Response: No. The Comprehensive plan is still valid.
(iii) Does the proposed amendment reflect current, widely held values of the residents of
Jefferson County? [Answer ‘yes’ or ‘no’ and describe why]
PC Response: Yes. This proposed recreational marijuana amendment maintains a balance
between providing residential use and agricultural uses, supporting economic development
through allowing recreational marijuana activities in Jefferson County while applying
performance standards, and upholding community held values for maintaining “rural character”
by controlling the size of structures, setbacks, landscape screening.
“In addition to the required findings set for in [the subsection above], in order to recommend
approval of a formal site-specific proposal to amend the comprehensive Plan, the planning
commission must also make the following findings:”
b)Additional required findings, adapted from JCC 18.45.080 (4)(c)(i) through
(4)(c)(viii)
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(i) The proposed site-specific amendment meets concurrency requirements for
transportation and does not adversely affect adopted level of service standards for
other public facilities and services. [Answer ‘yes’, ‘no’, or ‘not applicable’ and describe
why]
PC Response: N/A – The recreational marijuana code proposal is a programmatic, not site-
specific, amendment, therefore concurrency requirements for transportation and effects on
adopted level of service standards for public facilities and services are not applicable. The
recreational marijuana code proposal will apply to all parcel across the county which meet
jurisdictional definitions.
(ii) The proposed site-specific amendment is consistent with the goals, policies and
implementation strategies of the various elements of the Jefferson County
Comprehensive Plan. [Answer ‘yes’, ‘no’, or ‘not applicable’ and describe why]
PC Response: N/A – The recreational marijuana code proposal is programmatic, not site-
specific, amendment, however it is consistent with the goal, policies and implementation
strategies of the various elements of the Jefferson County Comprehensive Plan.
(iii) The proposed site-specific amendment will not result in probable significant
adverse impacts that cannot be mitigated, and will not place uncompensated burdens
upon existing or planned service capabilities. [Answer ‘yes’ or ‘no’ and describe why]
PC Response: N/A – The recreational marijuana code proposal is a programmatic, not site-
specific, amendment, however, it will not result improbable significant adverse impacts that
cannot be mitigated, and will not place uncompensated burdens upon existing or planned
service capabilities.
(iv) The subject parcels are physically suitable for the requested land use
designation and the anticipated land use development, including planned surrounding
land uses. [Answer ‘yes’ or ‘no’ and describe why]
PC Response: N/A – The recreational marijuana code proposal is a programmatic, not site-
specific amendment, and therefore will apply to all parcels across the county that meet
jurisdictional definitions. The land use designation and anticipated land use development,
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including planned surrounding land uses, is not anticipated to change due to adoption the
recreational marijuana code.
(v) The proposed site-specific amendment will not create a pressure to change in
the land use designation of other properties, unless the change is in the long-term best
interests of the county as a whole. [Answer ‘yes’, ‘no’, or ‘not applicable’ and describe
why]
PC Response: N/A – The recreational marijuana code proposal is a programmatic, not site-
specific, amendment, and therefore will not create a pressure to change the land use
designation of other properties. .
(vi) The proposed site-specific amendment does not materially affect the land use
and population growth projections that are the bases of the Comprehensive Plan.
[Answer ‘yes’, ‘no’, or ‘not applicable’ and describe why]
PC Response: N/A – The recreational marijuana code proposal is a programmatic, not site-
specific, amendment, and therefore does not materially affect the land use and population
growth projections that are the basis of the Comprehensive Plan..
(vii) Within an Urban Growth Area, the proposed site-specific amendment does not
materially affect the adequacy or availability of urban facilities and services to the
immediate area and the overall UGA. [Answer ‘yes’, ‘no’, or ‘not applicable’ and
describe why]
PC Response: N/A – The recreational marijuana code is a programmatic, not site-specific,
amendment, and therefore does not materially affect the adequacy or availability of urban
facilities and services to the overall Urban Growth Area and immediate area..
(viii) The proposed amendment is consistent with the Growth Management Act
(Chapter 36.70A RCW), the County-Wide planning Policies for Jefferson County, any
other applicable inter-jurisdictional policies or agreements, and any other local, state or
federal laws. [Answer ‘yes’ or ‘no’ and describe why]
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PC Response: Yes. The recreational marijuana proposal is consistent with the Growth
Management Act (Chapter 36.70A RCW), the County-Wide planning Policies for Jefferson
County, any other jurisdictional policies or agreement, and any other local or state laws.
This recreational marijuana code amendment maintains a balance between providing
residential uses and agricultural uses, supporting economic development through building size
limits, setbacks, and landscape screening and upholding community held values for
maintaining “rural character” by controlling the size and placement of structures ,and
conditions under which recreational marijuana activities are allowed in various land use zones
in the County.
Regarding state law, the Washington State Liquor Control Board (WSLBC) has been
delegated by the Washington State Legislature the authority and duty to establish a system of
licensing recreational marijuana production, processing and retailing. The proposed
regulations are consistent with the rules of the WSLCB.
Regarding federal law, the U.S. Justice Department issued a memorandum dated August 29,
2013, stating that while marijuana remains an illegal drug under federal law, that “based on
assurances that those states”(Washington and Colorado) “impose an appropriately strict
regulatory system, the Department has informed the governors of both states that it is
deferring its right to challenge their legalization laws at this time”.
c)JCC 18.45.050(4)(b)(i) through (4)(b)(vii)
Inquiry into the Growth Management Indicators:
i)Is growth and development as envisioned in the Comprehensive Plan occurring faster
or slower than anticipated, or is it failing to materialize? [Answer ‘yes’ or ‘no’ and describe
why]
PC Response: More slowly, due to the “great recession” of 2008-2009.
ii)Has the capacity of the county to provide adequate services diminished or increased?
[Answer ‘yes’ or ‘no’ and describe why]
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PC Response: Diminished, due to lower tax revenues from lower economic activity as a result
of the “great recession” of 2008-2009.”
iii)Is there sufficient urban land, as designated and zoned to meet projected demand and
need? [Answer ‘yes’ or ‘no’ and describe why]
PC Response: Yes, due to growth rates less than projected in the comp plan. However this
indicator does not apply since this is not a Comprehensive Plan amendment, but an
amendment to the development code.
iv)Are any of the assumptions upon which the plan is based no longer found to be valid?
[Answer ‘yes’ or ‘no’ and describe why]
PC Response: No. The assumptions in the Comp Plan are still valid, but growth is occurring
more slowly than projected. The land use types, amounts and public facilities are still valid
and appropriate to accommodate future growth, but the demand for the public facilities is
anticipated to take longer than estimated due to slower growth rates.
v)Are there changes in the county-wide attitudes? Do they necessitate amendments to
the goals of the Comprehensive Plan and the basic values embodied within the
Comprehensive Plan Vision Statement? [Answer ‘yes’ or ‘no’ and describe why]
PC Response: No, This proposed recreational marijuana code amendment maintains a
balance between residential and agricultural use while supporting economic development and
upholding community held values for maintaining “rural character” by controlling the structure
size, setbacks and landscaping requirements for recreational marijuana uses.
vi)Are there changes in circumstances which dictate a need for amendment to the
Comprehensive Plan? [Answer ‘yes’ or ‘no’ and describe why]
PC Response: No. This proposed recreational marijuana code amendment maintains a
balance between residential and agricultural uses while supporting economic development
and upholding community held values for maintaining “rural character” by controlling the
structure size, setbacks and landscaping requirements for recreational marijuana uses.
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vii)Do inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and the Countywide Planning Policies for Jefferson County?
[Answer ‘yes’ or ‘no’ and describe why]
PC Response: No. There are not inconsistencies between the Comprehensive Plan and the
GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County.
d)The Record
1)In addition to the guidance provided by GMA, the County-Wide Planning Policies,
the Jefferson County Code, and the Comprehensive Plan, what else is in the record
with respect to this proposal? [Answer ‘yes’ or ‘no’ and describe why]
PC Response: Please see the attached: “Jefferson County Code Update: Facts and Findings,
May 2015, regarding the public record for this proposed amendment to the JCC title 18.
2)Can assertions in the record be confirmed by information from other sources?
[Answer ‘yes’ or ‘no’ and describe why]
PC Response: Yes. The attached Facts and Findings can be confirmed by public records,
such as audio recordings, public notices, and meeting minutes (where available) of Planning
Commission meetings.
3)Is the decision we are about to make based on the record? [Answer ‘yes’ or ‘no’
and describe why]
PC Response: Yes. The proposed decision is based on discussions by the Planning
Commission and input by citizens, the Board of County Commissioners (Board) and staff at
multiple open public meetings before the Planning Commission and Board , and at one public
hearing before the Planning Commission was conducted on May 20, 2015, regarding
proposed regulations for recreational marijuana. All of these events are part of the public
record. Additional public records:
a)This proposed amendment is based on findings as required by JCC 18.45.080.
b)The public hearing for this proposed amendment has been duly noticed per the requirements
of JCC 18.45.080.
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c)This proposed amendment has been duly assessed for environmental impacts via a SEPA
Checklist, and likely threshold determination of no significant impact, as required by Chapter
197-11 WAC (SEPA rules).
d)This proposed amendment recommendation is based on the record, following the open record
hearings and following the close of the open record hearing, and consideration by the Planning
Commission of written or oral comments.
e)This proposed amendment satisfies legal criteria.
f)This proposed amendment is being provided for a 60 day review to the Washington State
Department of Commerce, Growth Management Services, as required by RCW 36.70A.106
(GMA).
4)Does the decision we are about to make, as far as we know, satisfy legal criteria?
[Answer ‘yes’ or ‘no’ and describe why]
PC Response: Yes. The proposed recreational marijuana amendment have been provided to
the County’s Deputy Prosecuting Attorney who will review it and provide any comments to
ensure they meet legal criteria prior to adoption of the proposed amendment by the Board.
5)Is the decision we are about to make limited to the specific request at hand?
[Answer ‘yes’ or ‘no’ and describe why]
PC Response: Yes. This decision is limited to updating the County’s JCC 18.20.030
Agricultural performance standards, Proposed Text for JCC Chapter 18.20.XX, Recreational
Marijuana performance standards, JCC Chapter 18.15.010 table 3-1 Allowed and Prohibited
Use table, and JCC Chapter 18.18.040 table 3A-1 Irondale/Port Hadlock Allowed and
Prohibited Uses.
Are there any additional findings of fact or conclusions of law pertinent to this decision?
PC Response: Yes. Please see the aforementioned Facts and Findings regarding the public record
and other facts and findings for this proposed amendment to the recreational marijuana code.
2.Repeat motion and vote (one of the following):
a.In favor – Yea
b. Opposed - Nay
c.Abstain - l
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Based on these findings, on May 20, 2015, the Jefferson County Planning Commission voted ___ to
approve, ____ to deny and ____ abstentions for MLA 14-00066 and recommend that the BOCC
approve / deny the Planning Agency’s request to amend the JCC as proposed in MLA 14-00066.
_______________________________________ _______________________
Kevin Coker, Chair Date
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Jefferson County
Planning Commission
Public Hearing on Proposed Regulations for Recreational Marijuana
5-20-2015
Facts and Findings
1. Initiative 502 was approved by the voters of this State at the General Election held in November
2012, said Initiative approving and making legal, with restrictions, so-called “recreational marijuana;”
2. Initiative 502 was codified into Chapter 69.50 RCW, the Uniform Controlled Substances Act.
3. WSLCB adopted final rules on October 16, 2013 for marijuana producers, processors and
retailers, said regulations being codified at Chapter 314-55 WAC. Regulations of Ch. 314-55 WAC went into effect on November 16, 2013 and the WSLCB began to accept applications for recreational marijuana producers, processors and retailers on November 18, 2013, said
application window being open for one month with some exception to that time limit.
4. WAC 314-55-020(11) explicitly recognizes the authority of locally adopted rules or ordinances to
regulate licensed marijuana businesses, such locally adopted ordinances including in part local building and fire codes, and zoning ordinances On January 16, 2014, the Washington State
Attorney General issued an Opinion regarding local regulation of state-licensed marijuana
producers, processors and retailers (AGO 2014 No. 2), concluding in part, “… that I-502 left in place the normal powers of local governments to regulate within their jurisdictions. … Local
governments have broad authority to regulate within their jurisdictions, and nothing in I-502
limits that authority with respect to licensed marijuana businesses;”
5. Marijuana remains illegal under the federal Controlled Substances Act, 21 U.S.C. 801 et seq.
State and local regulations do not preempt federal law. Individuals and businesses involved in the
production, processing, sales and possession of marijuana could still be subject to prosecution
under federal law. However, the U.S. Justice Department issued a memorandum dated August 29,
2013, stating that while marijuana remains an illegal drug under federal law, that “based on
assurances that those states”(Washington and Colorado) “impose an appropriately strict
regulatory system, the Department has informed the governors of both states that it is deferring its
right to challenge their legalization laws at this time”.
6. County staff, including persons from planning, law enforcement, public health, prosecution, as well as the County Administrator, met during 2013 to determine if any changes to the County’s current regulatory structure would be required in order to accommodate the then-anticipated
recreational marijuana business uses at a scale, intensity and locations that would be consistent
with this county’s countywide planning policies, its Comprehensive Plan and the generally rural aesthetic and character of unincorporated Jefferson County. Pursuant to JCC 18.10.010 the
production of marijuana is a form of agriculture, a use that the county’s land use planning seeks
Planning Commission Meeting 05/20/2015 Page 46 of 54
to encourage. Agricultural policies and regulations include provisions of Jefferson County Code
Title 18.20.030, including:
• agricultural activity is an allowed use within all zoning designations;
• commercial agricultural activity in certain circumstances is exempt from stormwater management permitting for primary agricultural activities;
• agriculture activity is exempt for obtaining building permits in certain circumstances;
• Agriculture occurring on all rural land use districts except Rural Residential 1:5 are protected by
so-called “right to farm” rules that provide notice to adjacent, non-agricultural parcels that agricultural activities do not constitute a nuisance;
• Accessory uses in Agricultural zoned land are exempt from obtaining building permits in certain circumstances;
• Accessory uses include commercial production and sales of locally grown or produced
agricultural products, construction of structures, farm worker housing, processing, packaging, wholesale and retail sales of agricultural products, commercial sales, repair and maintenance of
farm equipment, storage of vehicles, equipment, materials or products not related to agriculture, agritourism, tourism events not related to agriculture, classes, lumber mills, harvesting, sawing, processing, assembling and selling lumber; and
7. Although Jefferson County has determined that marijuana is a form of agriculture, it is a profoundly different type of agriculture and therefore requires specific regulation and review of
proposed developments due to the unique factors involved with marijuana, including:
• It is illegal under federal law and the federal Department of Justice policy is that states
that legalize marijuana must have “strict regulatory systems.”
• The State of Washington Liquor Control Board (WSLBC) has strict regulations specific
to marijuana, at WAC 314-55.
• A license issued by the WSLCB is required for anyone to engage in marijuana
production, processing and retailing.
• Experience to date in Jefferson County has shown a majority of marijuana license
applicants propose locating on Rural Residential land, giving rise to potential land use
conflicts with adjacent land uses.
• Certain extraction methods involved with marijuana processing use potentially hazardous
substances to human health and the environment.
8. During the weekly open public meeting of the County Commission held on Monday October 14,
2013 staff briefed the Commission, informing them, according to the approved minutes for that meeting, “that existing regulations of the County and the WSLCB should be enough,” based on
the nature of marijuana operations then anticipated by the County, and thereafter no amendment
or further review of the County’s regulations was undertaken.
9. During the license application window which subsequently began November 18, 2013, the
WSLCB has, with respect to unincorporated Jefferson County, received several dozen state license applications from persons and firms seeking to produce marijuana and/or process it AND
the vast majority (approximately 90%) of the applicants seeking to locate in unincorporated
Jefferson County have requested state licenses to both produce and process marijuana.
10. The applications to the state for producer and/or processor licenses in unincorporated Jefferson
County are for locations within various land use designations such as 1) agricultural lands 2) light
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industrial/commercial, 3) light industrial, 4) rural residential and 5) rural forest. Each of those
land use designations listed immediately above has a distinct purpose (and related public policy
behind it) in the county’s Comprehensive Plan and development regulations and thus raise different compatibility issues in relation to the impacts from the production or processing of
recreational marijuana unique to each particular land use designation.
11. County’s current development regulations in the land use arena do not impose any land use
permitting requirements on growing marijuana, although the processing of marijuana in most
land use designations requires a County land use permit as an accessory use or “cottage industry.”
12.State, regional and local regulations and/or permitting regarding potable water, adequate
water, waste water and surface water discharges, the proper handling and disposal of solid
waste, food processing, and air quality are, and always would be, applicable to any applicant
seeking to enter into and undertake any one or some of the three recreational marijuana
businesses available to citizens through the WSLCB licensing process. Two public hearings were
held prior to enacting temporary moratoriums in Jefferson County on recreational marijuana,
where the citizens have addressed the County Commission during the public comment period of
the Commission’s open public meetings expressing great concern that the production of
marijuana is not typical agriculture and that both production and processing should be the
subject of additional development regulations not currently found in the applicable land use and
development regulations. The production (growing) of recreational marijuana must comply
with numerous state regulations such as enclosure with an 8 foot high fence and security
lighting that make it distinguishable from more traditional forms of agriculture. Based on actual
state license applications reviewed by the County and still pending before the state, it now
appears the potential high profitability of recreational marijuana is attracting investments in
marijuana operations and developments of a larger scale and higher intensity than the County
previously anticipated in some land use classifications, said larger projects having resultant
impacts not previously known or planned for, again making it unlike the more traditional
existing agriculture found in Jefferson County. Recreational marijuana production and
processing may result in a scale and intensity of activities that is inconsistent with the Jefferson
County Comprehensive Plan policies to maintain rural character in rural residential lands.
Recreational marijuana production and processing may be done at a scale and intensity
exceeding that which has occurred historically, and may result in impacts such as increased
traffic, noise, light, hours of activity, odors, water supply withdrawals, and surface and ground
water pollution. In order to balance the supportive goals and policies for agricultural uses,
including but not limited to recreational marijuana, with comparable support for other land
uses, it is appropriate to review regulations for the potential scale and intensity of recreational
marijuana under the County’s existing regulations and make such regulatory changes as found
necessary so that potential impacts between incompatible uses can be avoided, reduced or
mitigated, for the benefit of the health, safety and welfare of all Jefferson County citizens and
businesses.
13.On July 31, 2014, an interagency meeting was held in Jefferson County to discuss roles ofvarious state agencies along with the County in marijuana licensing. This meeting revealed ageneral absence of regular coordination among agencies at that time, including coordination with
Planning Commission Meeting 05/20/2015 Page 48 of 54
the WSLCB. Since that time, Jefferson County has increased coordination with several agencies
when sending comment letters to the WSLCB on license applications.
14. In order to provide the County the opportunity to review and amend its regulations that would
apply to marijuana production and processing, the Board of County Commissioners deem it to bein the public interest to establish a moratorium intended to temporarily prohibit the acceptance of
any development permit application that would be necessary for the siting, location or operation
of recreational marijuana producing and processing at certain locations said moratorium was dulypassed by the County Commission on August 11, 2014. An extension and revision to the initial
moratorium was duly passed the County Commission on February 9, 2015. This moratorium willexpire on June 11, 2015.
15. The Planning Commission held public meetings to address the issue of marijuana regulation onNovember 5, 2014, January 14, February 4, March 4, April 1, April 15, and May 6, 2015. Thepublic record includes agenda materials and all written and oral public comments provided at
those meetings.
16. A Planning Commission public hearing was duly noticed on May 6, 2015 and said hearing is
scheduled for May 20, 2015. Following the close of the public hearing, and after consideration ofpublic comments made, the Planning Commission is expected to vote its recommended
amendment to JCC 18 to the Board of County Commissioners.
17.This proposed recreational marijuana code amendment maintains a balance between providing
residential uses and agricultural uses, and supporting economic development by providing forrecreational marijuana activities while also upholding community held values for maintaining“rural character” and meeting the adopted intent of various zones as identified in JCC 18.15.005;
by controlling the size and placement of structures ,and conditions such as landscape screeningand setbacks under which recreational marijuana activities are allowed in various land use zonesin the County.
G:\PLANNING\I-502\PC process\Facts and Findings 5-20-15.docx
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Yvonne Jarosz, MA, LMHC P.O. Box 330, Pt. Townsend, WA 98368
WA Lic. LH00005721 923 Washington Street, Pt. Townsend, WA 98368
360-301-0930 cell dreamrosz@yahoo.com
May 1, 2015
To: WA State Liquor Control Board Phil Johnson, County Commissioner
Re: Below named businesses with pending applications for business license
1/ Tradename: LANO License#: 416411 UBI: 6033548940010003
Address: 2711 GYBE HO RD STE A NORDLAND, WA JEFFERSON 983580000
PrivDesc: MARIJUANA PRODUCER TIER 3
PrivilegeStatus: PENDING (NOT ISSUED) DateCreated: 20131225
2/ Tradename: STICKY ICKY
License#: 416542
UBI: 6033614980010001 Address: 2711 GYBE HO RD STE B, NORDLAND WA JEFFERSON 983580000 PrivDesc: MARIJUANA PRODUCER TIER 2
DateCreated: PENDING (NOT ISSUED) 20131228
3/ Tradename: KITSAP SATELLITE License#: 412583 UBI: 6033509670010001
Address: 415 GYBE HO RD NORDLAND, WA JEFFERSON 983589556
PrivDesc: MARIJUANA PRODUCER TIER 2
PrivilegeStatus: PENDING (NOT ISSUED) DateCreated: 20131127
4/ Tradename: MARROWSTONE SATELLITE
License#: 416993
UBI: 6033519980010001 Address: 415 GYBE HO RD STE B NORDLAND, WA JEFFERSON 983589556 PrivDesc: MARIJUANA PRODUCER TIER 1
PrivilegeStatus: PENDING (NOT ISSUED)
DateCreated: 20140103
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Page Two
I wish to register a strong protest to the granting of a business license to each of the 4
businesses with pending applications as listed above.
I am and have been for the past 25 years a Licensed Mental Health Counselor in Pt.
Townsend, Washington. A third of my private practice has centered on youth-at-risk in
Jefferson County. I have sub-contracted to the Department of Children and Family
Services as a Family Preservation Therapist and work closely with various youth-centered organizations in the area to provide counseling for children and their families. I
am in the Provider One network of Washington State and am contracted by them to
provide counseling under the Affordable Care Act.
A number of children from the Port Townsend School District have been or are my clients. They have also participated in Sound Experience programs through the District.
A majority of these particular children are in the youth-at-risk category. Sound
Experience provides hands-on education in the maritime trades and with other
organizations, education on watershed management. Last year Sound Experience
received a bequest of property on Marrowstone Island. There is a plan being formulated by a Sound Experience steering committee to utilize this property as a center for
watershed management experiences for children attending Sound Experience both
through the Port Townsend School system and privately. The following are two links
that will give you an idea of how Sound Experience works on its own and with other
organizations to provide education on the maritime trades and watershed management for at-risk youth.
http://www.ptleader.com/news/education/maritime-discovery-update-students-helping-
salmon/article_101ffbfa-bc78-11e4-bc36-eb805433b0b8.html
http://www.maritimediscovery.org/
I recently visited the bequest property that Sound Experience now owns on Marrowstone
Island. From the porch of the main building on the bequest property one has a close-up
view of a clear-cut corridor on the adjacent properties, where the businesses applying for marijuana grower permits would be located. This clear-cut happened over a 5-day period
in the week previous to my visit, April 20-24, 2015. Children participating in the Sound
Experience programs will have an overview of buildings, surveillance cameras, tall
fences and lighting, all a part of the marijuana growing businesses that plan to locate
there. According to a newspaper article I read, I think the distance between any youth-oriented organization and a marijuana farm is supposed to be 1000 feet. I believe the
distance between these marijuana operations listed above and Sound Experience is much
much less than that.
I am extremely alarmed that children-at-risk in particular, but other young people as well, would have as part of their outdoor eco-experience in watershed management, an
unmitigated experience of land abuse and carelessness. The developers have made little
Planning Commission Meeting 05/20/2015 Page 51 of 54
attempt to speak with Sound Experience neighbors who have concerns about how
development of the land is proceeding with it seems little oversight by county and other
governmental agencies. The glaring clear-cut and sudden wildcat development of a
marijuana industry flat against and accessible to a property that will house and educate young people is wrong. Marijuana industry that focuses on quick turnover of marijuana
product, is in direct contradiction to the Sound Experience mission of land stewardship
and community education and support of youth. If the permits applied for are granted,
once more the youth, and particularly the youth-at-risk, in our community will have been
abandoned in subordination to making a quick buck. The present trajectory of development of the properties listed above places youth who are already at risk in a risk-
filled environment that has little to do with cooperation and sensitivity to neighborly
values. Just one clear indication of this is that the growing site must be surrounded by a
high fence and surveillance cameras that face outward.
The developers have many other options to grow their product and have applied for
permits in other counties, where they actually reside. They should not be allowed to
create this risk-laden marijuana growing operation in close proximity to Sound
Experience property, where there is positive potential for children to learn, to empower
themselves, and to become successful land stewards in the future. I strongly advise you to not issue the four permits applied for as cited above, and instead vote for a future in
which our children are raised to care for neighbors, for land, and for values that will
create a healthy maritime economy in our region.
Yvonne Jarosz, MA, LMHC
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