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HomeMy WebLinkAboutM052115Special Meeting�i ¢go C'6G C�/ `9 7 Nom District No. I Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kler County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Special Meeting May 21, 2015 Chairman David Sullivan called the meeting to order at 10:00 a.m. in the presence of Commissioner Kathleen Kler and Commissioner Phil Johnson. BRIEFING AND DISCUSSION re: Planning Commission Public Hearing and Recommendations on Regulations for Recreational Cannabis: Community Development Director Carl Smith gave an overview of the Planning Commission's hearing held on May 20, 2015. There were no substantial changes to the proposed regulations just clarifying edits that were discussed and approved last night. He summarized the actual code regulations. The Planning Commission felt that marijuana is a different kind of use which warrants its own regulations. The majority of Community Development's and Planning Commission's work was focused on the two use tables. One table will be used for the majority of Jefferson County and the second table will be used for the future Port Hadlock Urban Growth Area (UGA). Associate Planner Colleen Zmolek discussed JCC 18.15.040 Table 3 -1 — Allowed and Prohibited Uses; Cottage Industry. County Administrator Philip Morley asked if the use tables provided to the Commissioners today are a result of the Planning Commission's hearing or if they were included in the hearing materials. Associate Planner Zmolek responded that the use tables were included in the Planning Commission's hearing materials. She discussed JCC 18. 15.040 Table 3 -1 — Allowed and Prohibited Uses; Marijuana Recreational Processor; and Marijuana Recreational Producer and Table 3A -1 — Allowable and Prohibited Uses; Marijuana Recreational Retailer; Marijuana Recreational Processor; and Marijuana Recreational Producer. Chairman Sullivan pointed out that it is not the use table that rules, it is the language in the code that rules. Associate Planner Zmolek read and clarified the following sections in the JCC 18.20 Performance Standards (applied to Recreational Marijuana): (2) Definitions. (b) Marijuana processor and (c) Marijuana producer (3) Use zones — (Not allowed in Port Ludlow) (4) The following standards shall apply for all recreational marijuana activities. a. Producing b. Producing c. Processing d. Processing and Retail in the Agricultural zoning district Page 1 Commissioners Special Meeting Minutes of May 21, 2015 e. No recreational marijuana operation may be permitted as a home business f Outdoor Producing g. Landscape screening h. Setbacks i. Cameras j. Any fence 8 feet or taller shall be located a minimum 25' from all parcel property lines (only for outdoor growing and temporary structures) k. Recreational Marijuana activities and facilities shall comply with all applicable standards 1. All recreational mariivana licensees shall provide to the Department of Community Development and Environmental Health a copy of all operations plan Associate Planner Zmolek reviewed section 18.20.030 - Agricultural Activities and Accessory Uses. Chief Civil Deputy Prosecuting Attorney David Alvarez stated that there was a recent State Supreme Court case authorizing the City of Kent to regulate medical marijuana dispensaries through their land use regulations. He acknowledges that the issue being discussed is not medical marijuana, however, he feels confident that there is no difference for local governments, including a City or a County, to regulate recreational marijuana through land use. It is authorized in the Washington Administrative Code (WAC). Commissioner Kler discussed the potential impacts of SB5052 establishing the Cannabis Patient Protection Act. She said there is more enforcement with medical marijuana. The rulemaking for SB5052 could take up to a year. Once that is completed the County will need to revisit its regulations. Chairman Sullivan stated he advocates regulating all agriculture lands the same. Smaller parcels have a greater impact on neighborhoods. County Administrator Morley discussed the following options to be considered by the Board: • Accept the Planning Commission's recommended regulations and adopt an ordinance at a future meeting without holding a public hearing; or • If substantial changes are made to the Planning Commission's recommended regulations, the Board will need to schedule a public hearing (tentatively scheduled for June 8, 2015 at 10:00 a.m. at the Jefferson County Fairgrounds); or • Extend the current moratorium Commissioner Johnson moved to accept the Planning Commission's recommended regulations. The motion died due to the lack of a second. Chairman Sullivan presented the Board with the following new suggested language for 18.20.030 (2)(vii) Structures. `All permanent agricultural buildings shall be no larger than 25, 000 square feet or Lifteen percent (15 %) of the subject parcel, whichever is smaller and if any of the abutting parcels are zoned RR L-5, then the structure shall have a minimum 25 feet setback from all property lines including Page 2 Commissioners Special Meeting Minutes of May 21, 2015 k£y front road setbacks and shall have type `A" landscape screening from abutting parcels per JCC 18.30.130, Development Standards. Nothing in this paragraph shall exempt such permanent onricultural buildings from all other state and local regulations relating to structures and their construction. " Chairman Sullivan stated the language would treat everyone the same. He feels his suggested changes are a good place to start if the Board chooses to hold a public hearing. In response to a question asking if the suggested regulation includes existing structures, Chairman Sullivan said this regulation would only effect new structures. Director Smith stated that a clear definition of "Agricultural Structure" would need to be written. Chairman Sullivan stated his suggested regulations are only for structures abutting 5 acre parcels. Chief Civil Deputy Prosecuting Attorney Alvarez suggested that if the Board wants to implement regulations that will affect all agricultural lands that it be remanded back to the Planning Commission and that the Board approve a moratorium. County Administrator Morley stated that if the Board determines they would like to address the impacts for all agricultural lands as suggested by Chairman Sullivan, the Board would need to adopt a new moratorium and remand it back to the Planning Commission. The moratorium could include these limits as an interim control. Or the Board could adopt, in some form, the Planning Commission's recommended regulations and then set a work program and timetable for the Planning Commission to address the agricultural -wide issues. Director Smith stated his Department has a large workload and future moratoriums and work plans will have a substantial impact. Chief Civil Deputy Prosecuting Attorney Alvarez discussed the consequences of the options before the Board. Chairman Sullivan reiterated that by limiting maximum building size next to parcels that are zoned RR 1:5 is going to protect residential areas without unduly impacting agriculture. Commissioner Johnson moved to accept the Planning Commission recommendations. Commissioner Kler seconded the motion for discussion. County Administrator Morley discussed the impacts and stated that adopted standards can be revisited at a future date. Chief Civil Deputy Prosecuting Attorney Alvarez discussed legal notice as required in the permit process. Director Smith stated that some of the permit issues can be addressed administratively. Chairman Sullivan called for a vote on the motion. Commissioner Johnson and Commissioner Kler voted for the motion. Chairman Sullivan voted against the motion. The motion carried. Page 3 Commissioners Special Meeting Minutes of May 21, 2015 County Administrator Morley stated that staff is directed to prepare a final draft of the ordinance using the Planning Commission's recommendations to be placed on a future agenda for final approval by the Board of Commissioners prior to the expiration of the moratorium (June 11, 2015). NOTICE OFADJOURNMENT, Commissioner Johnson moved to adjourn the meeting at 11:45 a.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler seconded the motion which carried by a unanimous vote. SEA yy > a F � 1 o , ATTEST•. 4slie R. Locke Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF MMISSIONERS Davie�ullivan, Chair Phil /o son, Me er Kathleen tkler, Member Page 4