HomeMy WebLinkAboutPC Agenda 05-20-2015 RevisionMay 19, 2015
Staff proposed changes to original agenda draft language. Language added in RED. Language
delete in BLUE.
Performance Standards
(2) Definitions: (page 1 in PC packet page 33 of 54)
(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 when done in conjunction
with producing.
(3) Use zones (Page 2 in PC packet page 34 of 54)
b.Processing: Allowed as yes use in Rural Industrial and Urban Industrial 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
Resource Lands 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) andUrban Industrial (ULI) zoning districts. Allowed as a Conditional Discretionary C(d) onAgricultural Resource Lands. Allowed as Conditional Discretionary C(d) with a Cottage
Industry permit in Forest Resource and Rural Residential zoning districts. Prohibited in,
Convenience Crossroads (CC), Visitor Oriented Commercial (VOC), Urban Public,Urban Residential, County Waste Management Essential Public Facility (CWMEPF) and
Mineral Resource Lands (MRL), Park Preserves and Recreational (PPR) and PortLudlow Master Plan Resort zoning districts.
4)The following standards shall apply for all recreational marijuana activities. (page 2 in PCpacket page 34 of 54)
a. Producing in the Forest Resource Lands and Rural Residential zones is allowed as
a Conditional Discretionary C(d) use subject to the recreational marijuana standards
and structure size limitation :
(A) 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 performance standards and 18.20.XX.(4) recreational marijuana performance
standards. (c) Processing in the Forest and Rural Residential zoning districts is allowed subject to
a Conditional 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 structure
authorized 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
producing only per JCC 18.20.XX(4)(a)(i).
(e) No recreational marijuana facility operation may be permitted as a home business.
All recreational marijuana activities are subject to the applicable requirements of JCC18.20 & 18.30.
(h) Setbacks. All recreational marijuana structures and activities in Agriculture,
Commercial Forest, Rural Forest, Rural Commercial or Rural Residential 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. In the event of
conflict, the more protective measures shall apply.
(k) In addition to these requirements, recreational marijuana activities shall be governed by the applicable regulation for each use.
(m) All recreational marijuana licenses licensees shall provide to the Department of
Community Development and Environmental Health a copy of their all 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.
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.Some 65% of the voters in Jefferson County voted yes on Initiative 502.
3. Initiative 502 was codified into Chapter 69.50 RCW, the Uniform Controlled Substances
Act.
4. 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 November18, 2013, said application window being open for one month with some exception to that
time limit.
5. WAC 314-55-020(11) explicitly recognizes the authority of locally adopted rules or
ordinances to regulate licensed marijuana businesses, such locally adopted ordinancesincluding in part local building and fire codes, and zoning ordinances.
6. 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 oflocal 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;”
7.At least one court decision has upheld local regulations relating to recreational marijuana.
8. 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.
9. 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”. The same
memorandum requires the states to implement and enforce their regulations.
10. 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 was deemed a type of agriculture, a use that the county’s land use planning
seeks to encourage.
11. 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
12. Although Jefferson County has determined that the production of marijuana is a type of agriculture, it also has characteristics which differentiate it from other types of agriculture
and it 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, i.e., residences.
• Its illegality under federal law may cause those locations where recreational
marijuana is produced (grown) or processed to be an “attractive nuisance” for
criminals, vandals and minors, said “attractive nuisance” status being contrary to
the quiet and pastoral rural nature of much of unincorporated Jefferson County.
• Certain extraction methods involved with marijuana processing use potentially hazardous substances to human health and the environment.
• Imposing development regulations specific to recreational marijuana will allow
the County’s planning department to impose conditions on permits issued, thereby allowing the County to require applicants to mitigate any probable significant
adverse environmental impacts (“PSAEI”) which might occur as a result of
producing or processing marijuana.
• Because recreational marijuana is only recently lawful, applicants, the County and the State do not know what PSAEI, if any, will arise from producing or processing marijuana but should have the tools in place ahead of time to mitigate
any PSAEI which do occur. It is important to have these regulatory tools in place
should they be needed to be proactive rather than reactive.
13. 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. This was based on the concept that the production of marijuana was merely another form of agriculture.
14. 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.
15. 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 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 PSAEI from the production or processing of recreational marijuana unique to each
particular land use designation.
16. The 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.”
17. 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.
18. 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.
19. It should be noted that there has been support expressed at the public meetings of the
County Commission for encouraging the production and processing of marijuana within unincorporated Jefferson County.
20. 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 help
make it distinguishable from more traditional forms of agriculture.
21. 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 proposals having resultant PSAEI not previously known or planned for, again
making it unlike the more traditional existing agriculture found in Jefferson County.
22. Recreational marijuana production and processing in the absence of regulations 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.
23. Permission to undertake recreational marijuana production and processing has been
sought at a scale and intensity exceeding the scale and intensity of agriculture which has
occurred so far, and may therefore result in PSAEI such as increased traffic, noise, light, hours of activity, odors, water supply withdrawals, and surface and ground water
pollution.
24. 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 as well as its overall rural character.
25. On July 31, 2014, an interagency meeting was held in Jefferson County to discuss roles
of various state agencies along with the County in marijuana licensing. This meeting
revealed a general absence of regular coordination among agencies at that time, including
coordination with the WSLCB. Since that time, Jefferson County has increased
coordination with several agencies when sending comment letters to the WSLCB on license applications.
26. 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 deemed it to be in 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 duly passed by the County
Commission on August 11, 2014.
27. An extension and revision to the initial moratorium was duly adopted by the County
Commission on February 9, 2015. This moratorium will expire on June 11, 2015.
28. The Planning Commission held public meetings to address the issue of marijuana
regulation on November 5, 2014, January 14, February 4, March 4, April 1, April 15, and May 6, 2015. The public record includes agenda materials and all written and oral public
comments provided at those meetings.
29. 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 of public comments made, the Planning Commission is expected to
vote on its recommended amendment to JCC 18 and send that recommendation to the
Board of County Commissioners.
30. This proposed recreational marijuana code amendment maintains a balance between providing residential uses and agricultural uses, and supporting economic development
by providing for recreational 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 screening and setbacks under which recreational marijuana activities are allowed in various land use zones in the County.
31.The proposed performance standards for recreational marijuana as well as the
amendments to the use table will provide the County’s planning department to condition
permits granted pursuant to these sections and thereby will serve to mitigate the PSAEI,
if any, generated by or likely to be generated by any application related to recreationalmarijuana.
32. These proposed development regulations are authorized by the Planning Enabling Act,
codified at Ch. 36.70 RCW and the Growth Management Act, Ch. 36.70A RCW.
33. Adoption of these proposed development regulations is authorized by and pursuant to the
general police power provided to local governments such as Jefferson County by the
Constitution of the State of Washington.
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