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Home My WebLink About24 05-03-17 Comment Emails Patrick Hopper From: Lee &Amy <Idoes@frontier.com> Sent: Wednesday, May 03, 2017 4:00 PM To: Patrick Hopper Subject: Re: Case#ZON17-00003/BLD17-00093 Attn: Pat Hopper I submitted testimony during the 02May commissioners meeting, requesting a public hearing before any permits for the above would be granted. I understand that today is the last day for public comment to your office, and I would like to repeat my call for evaluation of the above application as to suitability for a "Cottage Industry" here on Marrowstone Island. In particular, I would question both the size and scope of the facility the applicant has proposed for 9272 Flagler Road, and submit that the applicant's proposed facility does in fact not meet the standards described in Jefferson Codes 18.10.030 and 18.20.170. I worked in upper management for most of my life, I well understand the concept of"Act now and beg for forgiveness later". Unless I am mistaken, the container in the attached photo would not be representative of the county's description of"cottage industry". �. Sincerely, Lee Does i#C1g/ MAU JeFFE 3 ?O1I oCD 24 1 y 2 , m' 41—„ , �� : t tet" , u "" k : ,. p .derv' i.,„„ i • 7,• �. '11' viii. mac, '4 , '• • # - •dk- R.` : ., "%,..:.�iA "�' ,06,,A44, Y4v. ,a �.:<+ .»nfi ikrP�Mg;g S,i� .-,. .14 illt• 1' .•. o p i % "- s, `» Fff' ,'� ,,yJ ). V 1, X .y'4 .r x,p � '. -77 ›YfyFf ;,,---17,-'-'.':- xCe? ',..'-**,---,4",` y` «�<r * 4 " yz-r -a Ac."-,1.-'t-4440•45404:::1. y •=i'''44. - , +'' 44i: % -oar t. t .. y r " -t '+ k' •' = 2017 . 05 ''''''''''''1'; + r af y yy t ',..`.5.1'..4 ''*.fie' 1,' ! -;"$,," �., ,4 .,-,.' r' n.W;k. ,- a- ,. .1`-...'..'�:' "max�.':'."' •.a r. ! •f"{+.w°Stw. y {. �l 2 2- Patrick Hopper From: Patty Charnas Sent: Wednesday, May 03, 2017 9:24 AM To: Patrick Hopper Cc: David Greetham Subject: FW: Comissioners: paZIN,41 r For the record �1 t it May Patty Charnas - Director 2017 Jefferson County Department of Community Development JEFFERSON COON y Deo 621 Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4493 — Fax 360-379-4451 pcharnas@co.jefferson.wa.us From:jeffbocc Sent: Wednesday, May 03, 2017 8:42 AM To: Kathleen Kler<KKler@co.jefferson.wa.us>; David Sullivan <dsullivan@co.jefferson.wa.us>; Kate Dean <KDean@co.jefferson.wa.us> Cc: Philip Morley<pmorley@co.jefferson.wa.us>; Patty Charnas<PCharnas@co.jefferson.wa.us> Subject: FW: Comissioners: From: Yvonne Ot [mailto_evadneo@hotmail.com] Sent: Wednesday, May 03,2017 8:08 AM To:jeffbocc<jeffbocc@co.jefferson.wa.us> Subject: Comissioners: I am writing to ask for a PUBLIC HEARING ON THE PROPOSED MARIJUANA GROWING AND PROCESSING SITE ON MARROWSTONE ISLAND. There are many issues that need to be addressed. This small island is no place for such a operation. Many concerns were raised at the May 1 commissioners meeting that need to be looked into in more detail. Thank you. ADelia Yvonne Otterness, 9064 Flagler Rd. Nordland, Marrowstone Island 1 lei' 3 2O Patrick Hopper From: Jodi Adams Sent: Wednesday, May 03, 201.7 10:37 AM To: Patrick Hopper Cc: #dcd Subject: FW: 9272 FLAGLER RD., NORDLAND; PARCEL#021204015; BLD 17-00093 Another one. Jodi Adams DCD Office Manager Phone 360-379-4494 From: RUTH RODDICK Owner [mailto:robertruthroddick@centurylink.net] Sent: Wednesday, May 03, 2017 10:30 AM To:#dcd <#dcd @co.jefferson.wa.us> Subject: 9272 FLAGLER RD., NORDLAND; PARCEL#021204015; BLD 17-00093 Dear Mr. Hopper, My husband, Robert and I hereby respectfully request a hearing on the above mentioned subject. Our neighbors have written letters expressing concerns, most of which we share. However, besides this, we have additional concerns of a more personal nature and would like to be heard on them. We live at 9066 Flagler Rd., two properties away from the subject property. We have owned this property for about 14 yrs. Thank you in advance for your kind attention to this request. Sincerely, Ruth E. Roddick 23021 11. MAY 32017 JEFFERSON COUNTY DCD 1 `J2-0 Patrick Hopper From: Jodi Adams Sent: Wednesday, May 03, 2017 11:16 AM To: Patrick Hopper Cc: #dcd Subject: FW: Cases associated w/Parcel #021204015 FYI Jodi Adams DCD Office Manager Phone 360-379-4494 From: robleja [mailto:robleja@olypen.com] Sent:Wednesday, May 03, 2017 11:01 AM To:#Long-Range Planning<LRP@co.jefferson.wa.us>; #dcd <#dcd@co.jefferson.wa.us> Subject: Cases associated w/Parcel#021204015 Attention : David Greenham, Planning Manager Pat Hopper, Associate Planner Commissioners: Ms. Dean, Ms. Kler; Mr. Sullivan I'm a resident of Marrowstone Island and my husband and I are both opposed to the growing and processing industry planned for 9272 Flagler Road. We request a Public Hearing to clarify many issues which we feel are in direct conflict with the best interests of the majority of the current island residents AND your department's own mission statement; which is: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. Thank you. Robin E Leja and Claude E Wisor Property owners at 1620 E Marrowstone, Nordland, WA. 21151EY Ijzo . �.�,i Sent from my Verizon Wireless 4G LTE smartphone 3 » 1 JEFFERSON Cel VNTI' CCD 1 "1 20 Patrick Hopper From: Glenn/Linda <gately@olypen.com> Sent: Wednesday, May 03, 2017 11:35 AM To: Patrick Hopper Subject: 9272 Flagler Rd 98358 Dear Mr. Hopper, I have just read 18.05.040 detailing the Duties and Responsibilities of the Department of Community Development. Please consider these responsibilities to the citizens of Marrowstone and neighbors of the proposed marijuana factory at 9272 Flagler Road and provide a hearing. Thank you. Linda Gately 711 Robbins Road Nordland, WA 98358 360-385-5774 D2C2e/ Y 3 20» 12) JFFF�RS�N CO UI rnr °Co 1 • Patrick Hopper From: Denise Coyne <decocvx@gmail.com> Sent: Wednesday, May 03, 2017 6:14 PM To: Patrick Hopper Cc: Coyne Michael Subject: Proposed Marijuana Farm on Marrowstone Island -- Please deny! We own our home at 7513 Flagler Road, Nordland, WA on Marrowstone Island. We are concerned about the additional water and waste a marijuana farm would use and produce. We respectfully request that the application for the marijuana farm be denied. Thank you. Regards, Denise Coyne decocvx(ii mail.com D Mm y 3 2017 JeFFFRSON C„UN TY()co 2L„ 1 It !-0 Patrick Hopper From: Mary Jo Landry <maryjolandry13@gmail.com> Sent: Wednesday, May 03, 2017 6:17 PM To: Patrick Hopper Subject: Marijuana Proposal on Marrowstone Island Dear Mr. Hopper, We live on Marrowstone Island and want to voice our opinion on the Marijuana Production Plant proposal for Marrowstone Island. We oppose the proposal. It is inappropriate for a quiet island that is almost 100% residential. The primary use of Marrowstone Island is for Public Recreation and Residential living and this utilization of Marrowstone Island has proven to be appropriate and functional. In addition, cultivation of marijuana requires large amounts of water.And, if wells are to be used, this would further stress an already limited and scarce water table on the island. Sincerely, John & Mary Jo Landry 1952 E Marrowstone Road Nordland, WA 98358 402Q 11!4Y ?1 JFFF 3 ?Q ~ ��r�/ N i4SO 1� '� co , "Cr; 1 2L- 13 26 • Patrick Hopper From: TheManyBuriks@aol.com Sent: Wednesday, May 03, 2017 1:38 PM To: Patrick Hopper Cc: aarthur@ptleader.com Subject: : Permit Applications for Tax Parcel 021204015, 9272 Flagler Road, Marrowstone Patrick Hopper Qjj 11 .1.- '.- Jefferson County Community Development Office . 621 Sheridan Street, Port Townsend, WA MAY 0 3 2017 JEFFERSON COUNTY DCD Dear Mr. Hopper, I am a resident of Marrowstone and am writing to object, in the strongest of terms, the various permit applications for a Tier 3 marijuana processing operation submitted by non-resident property owner Austin Smith for the following reasons: 1. Austin Smith owns Olympus Gardens LLC, with a Tier 3 marijuana processing operation in Silverlake, and has 6 violations against that operation including four fines. Wilt Date - License Numb.a Penalty Typo Casa* WAC Cads a Victiation 1 3/29/2014 412943 Wntterr'arra 704241C 314.55.097 (Mi)Faiure for a prothicer to meet tsarpana, 8/29/2014 412943 Wratten Warr rr-7 241( .,..., 314 55. 1.1 044 Far84re to rraarrrtarrr r�red se too.al* 7/25/2014 41 3 Fete 71742%,4 31 4.55 O (Mi)Fartuae TO Matrttatrt revered wuray tsps 7/25/2014 41 3 Ftne 7042 314,E ,i 044.11f allure to utritie and/or maul 7/25/2014 412943 Fare 704 * 311 - 3f1 ..,_ (WI ircerdee/ern a fathrtf to d 2/24/2016 412943 Fine 7h4 5 314.55083(4) (Mi)Fie to abide and/or moot 2. Austin Smith had a contractor's license granted in March 2007 that was suspended in October 2009 2L 1 I5 20 Washington State 0•i• ,..nt �# Labor & Industries SMITH BUILDERS Owner or tradespersor 5950 44th AVE SW SEATTLE WA 98136 SMITH, AUSTIN DOW 206-883-6756 Pnnapals KING County SMITH, AUSTIN DOW OWNFR WA UBI No, Business type 602 710 612 Individual License Verify the contractor's active registration I license ! certification (depending on trade) and any past violations. Construction Contractor Expired. License holder did not renew. License specialties Suspend date GENERAL 10/12!2009 License no. SMITHB'933UT Effective — expiration 03/30/2007,u..-- 05/13/2011 3. Kevin Coker, a planning commissioner and chair of that commission when proposed marijuana regulations were being decided, is shown to be Mr. Smith's authorized agent and representative on his applications, as well as the designer of the site plan and presumably (as I have heard) his building contractor. This is a clear violation of RCW 42.23.070 and RCW 42.23.030. See also City of Raymond v. Runyon Nov. 1998, 93 Wh. App 127, No. 22915-3-II. See also the County Commissioners Guide, in particular the mentions of the fairness doctrine and the section on ethics laws. 4. While mention is made of a cottage industry permit, I can find no such application. Given Mr. Smith does not currently live at the subject property and owns at least one other Tier 3 marijuana processing operation located in Silverlake, I do not see how this permit would fall under "cottage industry", where the primary purpose is a residence the owner lives in and operates a small business on the side. 5. Marijuana processing has by law been excluded from the definitions of "agricultural product", "farmer", "farming", "horticulture", "horticultural" and "horticultural product". See RCW 82.04.213. Instead, it is listed under RCW 69.50.101, which covers controlled substances. In numerous planning commission meetings, the minutes show the commissioners debating on how they would define marijuana, when that has already been decided by the codes set forth above. In a Feb 5, 2015 article in the PT Leader, Kevin Coker is quoted as stating, "Marijuana is an agricultural product, in my opinion. I don't think there's anyone who can claim legally that it's not." /2-14, ' 2 I lQ -0 • 6. Marijuana processing has been classified as an F-1 moderate hazard factory industrial. See WAC 51-50-0306. An F-1 occupancy is a Factory Industrial Group Moderate Hazard oc processing facilities will now be required to comply with the same bu requirements as industrial factory uses. Many jurisdictions already re that undertake extraction activities to comply with these more stringe requirements. 7. An emergency rule was recently enacted. This is an interpretation of part of that rule, which added sections to the code: Washington State Building Code Council Improving the built environment by promoting health, safety and welfare 1500 Jefferson Street SE • P.O. Box 41449 • Olympia, Washington 98504 (360) 407-9280 • fax (360) 586-5366 • e-mail six aj.. .wa.gov • www.ga.wa.gov/sbcc STATE BUILDING CODE INTERPRETATION NO. 15-10 CODE: 2012 IFC. WAC 51-54A-3800(emergency rule) SECTION: Chapter 38: Marijuana processing and extraction facilities. QUESTION: Is carbon dioxide considered a solvent for the purposes of marijuana extraction processing', ANSWER: Yes. Carbon dioxide is a solvent as it conforms to the definition of solvent. In general if a product is used to 'reduceor pull out product from another product. it complies with the definition of a solvent. CO2 is a solvent, when used in a liquid form as a solvent, for example in supercritical drying. Water is also a solvent but is not regulated as the process is not hazardous. CO2 is hazardous based on the pressures used in the extraction (5.000 PSI). SUPERSEDES: None REQUESTED BY: Spokane Fire Department Fire Protection Engineer 3 2--0 8. Marrowstone Island does not have an active fire department. A recent structural fire next door to me required fire trucks from multiple stations including Indian Island, Chimacum, and farther reaches, with multiple trips for water, as there are few if any fire hydrants on the island. It took well over 8 hours for them to put out the fire. 9. The stormwater management plan conducted by Streamline Environmental states, "This project is clearly a 'Large' Project, and therefore requires us to address all ten minimum stormwater management requirements." In the site plan drawing attached to that document it shows all stormwater runoff from the nearly 11,000 SF greenhouse structure is directed towards a type F stream and wetlands area. The document states Smith will ensure "100% full on-site dispersion; 100% pollution prevention; 100% erosion control during construction" but does not state how this will be accomplished. While many residents are on PUD water, many others are on well water only. There is great concern for contamination/pollution of well water. 10. The vast majority of property owners and residents on Marrowstone do not want any marijuana processing located on our tiny rural residential island. It is wholly incompatible with the community and its values. A Marrowstone Community Development Plan was drafted and submitted to the County Board of Commissioners and was approved and certified as an official amendment to the Jefferson County Comprehensive Plan as Resolution No. 23-78 in March of 1978. The plan is a 53 page document that thoroughly describes the history, resources, community, etc. and represents the community values to this day. It is too large for me to attach, but I have printed a copy and would be happy to provide it to you along with many other documents I have compiled relating to this particular permit application as well as the issue of marijuana processing in rural residential areas. 11. Many rural residential communities and counties throughout the state have expressed in no uncertain terms that marijuana processing belongs in commercial/industrial areas, NOT residential, rural or otherwise. Marrowstone is no exception. 12. Please read this white paper published in March 2017: Marijuana's Impact on Communities and the Environment. It speaks to issues for all rural residents of Washington, not just Thurston County. I trust you will take into consideration all of the above when making a determination on this permit application for a Tier 3 marijuana processing facility. Per code, it can be granted only by a conditional use permit; however, the question has been asked and not answered as to who "the administrator" is who has the discretion to approve it. The question was asked in the Planning Commission meeting of May 20, 2015 by Glenn Woodbury of Marrowstone. Carl Smith's reply was, "That is a matter to be discussed at another time." C(d) Conditional uses. subject to criteria, public notice, written public comment and, at the discretion of the administrator, public hearing procedure. if Warranted, based on the projec potential impacts, size or complexity, according to criteria it JCC 1.8.40.520: see Article VIII of Chapter 18.40 JCC. Sincerely, 2-4 4 �g 10 Laurel Burik Marrowstone Island 360.774.0678 cc: Allison Arthur, Editor/Reporter, PT Leader 24 5 1 q 2d Patrick Hopper From: Lee &Amy <Idoes@frontier.com> Sent: Wednesday, May 03, 2017 4:00 PM To: Patrick Hopper Subject: Re: Case#ZON17-00003/BLD17-00093 Attn: Pat Hopper I submitted testimony during the 02May commissioners meeting, requesting a public hearing before any permits for the above would be granted. I understand that today is the last day for public comment to your office, and I would like to repeat my call for evaluation of the above application as to suitability for a "Cottage Industry" here on Marrowstone Island. In particular, I would question both the size and scope of the facility the applicant has proposed for 9272 Flagler Road, and submit that the applicant's proposed facility does in fact not meet the standards described in Jefferson Codes 18.10.030 and 18.20.170. I worked in upper management for most of my life, I well understand the concept of"Act now and beg for forgiveness later". Unless I am mistaken, the container in the attached photo would not be representative of the county's description of"cottage industry". �. Sincerely, Lee Does i#C1g/ MAU JeFFE 3 ?O1I oCD 24 1 y 2 , m' 41—„ , �� : t tet" , u "" k : ,. p .derv' i.,„„ i • 7,• �. '11' viii. mac, '4 , '• • # - •dk- R.` : ., "%,..:.�iA "�' ,06,,A44, Y4v. ,a �.:<+ .»nfi ikrP�Mg;g S,i� .-,. .14 illt• 1' .•. o p i % "- s, `» Fff' ,'� ,,yJ ). V 1, X .y'4 .r x,p � '. -77 ›YfyFf ;,,---17,-'-'.':- xCe? ',..'-**,---,4",` y` «�<r * 4 " yz-r -a Ac."-,1.-'t-4440•45404:::1. y •=i'''44. - , +'' 44i: % -oar t. t .. y r " -t '+ k' •' = 2017 . 05 ''''''''''''1'; + r af y yy t ',..`.5.1'..4 ''*.fie' 1,' ! -;"$,," �., ,4 .,-,.' r' n.W;k. ,- a- ,. .1`-...'..'�:' "max�.':'."' •.a r. ! •f"{+.w°Stw. y {. �l 2 2- Patrick Hopper From: Patty Charnas Sent: Wednesday, May 03, 2017 9:24 AM To: Patrick Hopper Cc: David Greetham Subject: FW: Comissioners: paZIN,41 r For the record �1 t it May Patty Charnas - Director 2017 Jefferson County Department of Community Development JEFFERSON COON y Deo 621 Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4493 — Fax 360-379-4451 pcharnas@co.jefferson.wa.us From:jeffbocc Sent: Wednesday, May 03, 2017 8:42 AM To: Kathleen Kler<KKler@co.jefferson.wa.us>; David Sullivan <dsullivan@co.jefferson.wa.us>; Kate Dean <KDean@co.jefferson.wa.us> Cc: Philip Morley<pmorley@co.jefferson.wa.us>; Patty Charnas<PCharnas@co.jefferson.wa.us> Subject: FW: Comissioners: From: Yvonne Ot [mailto_evadneo@hotmail.com] Sent: Wednesday, May 03,2017 8:08 AM To:jeffbocc<jeffbocc@co.jefferson.wa.us> Subject: Comissioners: I am writing to ask for a PUBLIC HEARING ON THE PROPOSED MARIJUANA GROWING AND PROCESSING SITE ON MARROWSTONE ISLAND. There are many issues that need to be addressed. This small island is no place for such a operation. Many concerns were raised at the May 1 commissioners meeting that need to be looked into in more detail. Thank you. ADelia Yvonne Otterness, 9064 Flagler Rd. Nordland, Marrowstone Island 1 lei' 3 2O Patrick Hopper From: Jodi Adams Sent: Wednesday, May 03, 201.7 10:37 AM To: Patrick Hopper Cc: #dcd Subject: FW: 9272 FLAGLER RD., NORDLAND; PARCEL#021204015; BLD 17-00093 Another one. Jodi Adams DCD Office Manager Phone 360-379-4494 From: RUTH RODDICK Owner [mailto:robertruthroddick@centurylink.net] Sent: Wednesday, May 03, 2017 10:30 AM To:#dcd <#dcd @co.jefferson.wa.us> Subject: 9272 FLAGLER RD., NORDLAND; PARCEL#021204015; BLD 17-00093 Dear Mr. Hopper, My husband, Robert and I hereby respectfully request a hearing on the above mentioned subject. Our neighbors have written letters expressing concerns, most of which we share. However, besides this, we have additional concerns of a more personal nature and would like to be heard on them. We live at 9066 Flagler Rd., two properties away from the subject property. We have owned this property for about 14 yrs. Thank you in advance for your kind attention to this request. Sincerely, Ruth E. Roddick 23021 11. MAY 32017 JEFFERSON COUNTY DCD 1 `J2-0 Patrick Hopper From: Jodi Adams Sent: Wednesday, May 03, 2017 11:16 AM To: Patrick Hopper Cc: #dcd Subject: FW: Cases associated w/Parcel #021204015 FYI Jodi Adams DCD Office Manager Phone 360-379-4494 From: robleja [mailto:robleja@olypen.com] Sent:Wednesday, May 03, 2017 11:01 AM To:#Long-Range Planning<LRP@co.jefferson.wa.us>; #dcd <#dcd@co.jefferson.wa.us> Subject: Cases associated w/Parcel#021204015 Attention : David Greenham, Planning Manager Pat Hopper, Associate Planner Commissioners: Ms. Dean, Ms. Kler; Mr. Sullivan I'm a resident of Marrowstone Island and my husband and I are both opposed to the growing and processing industry planned for 9272 Flagler Road. We request a Public Hearing to clarify many issues which we feel are in direct conflict with the best interests of the majority of the current island residents AND your department's own mission statement; which is: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. Thank you. Robin E Leja and Claude E Wisor Property owners at 1620 E Marrowstone, Nordland, WA. 21151EY Ijzo . �.�,i Sent from my Verizon Wireless 4G LTE smartphone 3 » 1 JEFFERSON Cel VNTI' CCD 1 "1 20 Patrick Hopper From: Glenn/Linda <gately@olypen.com> Sent: Wednesday, May 03, 2017 11:35 AM To: Patrick Hopper Subject: 9272 Flagler Rd 98358 Dear Mr. Hopper, I have just read 18.05.040 detailing the Duties and Responsibilities of the Department of Community Development. Please consider these responsibilities to the citizens of Marrowstone and neighbors of the proposed marijuana factory at 9272 Flagler Road and provide a hearing. Thank you. Linda Gately 711 Robbins Road Nordland, WA 98358 360-385-5774 D2C2e/ Y 3 20» 12) JFFF�RS�N CO UI rnr °Co 1 • Patrick Hopper From: Denise Coyne <decocvx@gmail.com> Sent: Wednesday, May 03, 2017 6:14 PM To: Patrick Hopper Cc: Coyne Michael Subject: Proposed Marijuana Farm on Marrowstone Island -- Please deny! We own our home at 7513 Flagler Road, Nordland, WA on Marrowstone Island. We are concerned about the additional water and waste a marijuana farm would use and produce. We respectfully request that the application for the marijuana farm be denied. Thank you. Regards, Denise Coyne decocvx(ii mail.com D Mm y 3 2017 JeFFFRSON C„UN TY()co 2L„ 1 It !-0 Patrick Hopper From: Mary Jo Landry <maryjolandry13@gmail.com> Sent: Wednesday, May 03, 2017 6:17 PM To: Patrick Hopper Subject: Marijuana Proposal on Marrowstone Island Dear Mr. Hopper, We live on Marrowstone Island and want to voice our opinion on the Marijuana Production Plant proposal for Marrowstone Island. We oppose the proposal. It is inappropriate for a quiet island that is almost 100% residential. The primary use of Marrowstone Island is for Public Recreation and Residential living and this utilization of Marrowstone Island has proven to be appropriate and functional. In addition, cultivation of marijuana requires large amounts of water.And, if wells are to be used, this would further stress an already limited and scarce water table on the island. Sincerely, John & Mary Jo Landry 1952 E Marrowstone Road Nordland, WA 98358 402Q 11!4Y ?1 JFFF 3 ?Q ~ ��r�/ N i4SO 1� '� co , "Cr; 1 2L- 13 26 • Patrick Hopper From: TheManyBuriks@aol.com Sent: Wednesday, May 03, 2017 1:38 PM To: Patrick Hopper Cc: aarthur@ptleader.com Subject: : Permit Applications for Tax Parcel 021204015, 9272 Flagler Road, Marrowstone Patrick Hopper Qjj 11 .1.- '.- Jefferson County Community Development Office . 621 Sheridan Street, Port Townsend, WA MAY 0 3 2017 JEFFERSON COUNTY DCD Dear Mr. Hopper, I am a resident of Marrowstone and am writing to object, in the strongest of terms, the various permit applications for a Tier 3 marijuana processing operation submitted by non-resident property owner Austin Smith for the following reasons: 1. Austin Smith owns Olympus Gardens LLC, with a Tier 3 marijuana processing operation in Silverlake, and has 6 violations against that operation including four fines. Wilt Date - License Numb.a Penalty Typo Casa* WAC Cads a Victiation 1 3/29/2014 412943 Wntterr'arra 704241C 314.55.097 (Mi)Faiure for a prothicer to meet tsarpana, 8/29/2014 412943 Wratten Warr rr-7 241( .,..., 314 55. 1.1 044 Far84re to rraarrrtarrr r�red se too.al* 7/25/2014 41 3 Fete 71742%,4 31 4.55 O (Mi)Fartuae TO Matrttatrt revered wuray tsps 7/25/2014 41 3 Ftne 7042 314,E ,i 044.11f allure to utritie and/or maul 7/25/2014 412943 Fare 704 * 311 - 3f1 ..,_ (WI ircerdee/ern a fathrtf to d 2/24/2016 412943 Fine 7h4 5 314.55083(4) (Mi)Fie to abide and/or moot 2. Austin Smith had a contractor's license granted in March 2007 that was suspended in October 2009 2L 1 I5 20 Washington State 0•i• ,..nt �# Labor & Industries SMITH BUILDERS Owner or tradespersor 5950 44th AVE SW SEATTLE WA 98136 SMITH, AUSTIN DOW 206-883-6756 Pnnapals KING County SMITH, AUSTIN DOW OWNFR WA UBI No, Business type 602 710 612 Individual License Verify the contractor's active registration I license ! certification (depending on trade) and any past violations. Construction Contractor Expired. License holder did not renew. License specialties Suspend date GENERAL 10/12!2009 License no. SMITHB'933UT Effective — expiration 03/30/2007,u..-- 05/13/2011 3. Kevin Coker, a planning commissioner and chair of that commission when proposed marijuana regulations were being decided, is shown to be Mr. Smith's authorized agent and representative on his applications, as well as the designer of the site plan and presumably (as I have heard) his building contractor. This is a clear violation of RCW 42.23.070 and RCW 42.23.030. See also City of Raymond v. Runyon Nov. 1998, 93 Wh. App 127, No. 22915-3-II. See also the County Commissioners Guide, in particular the mentions of the fairness doctrine and the section on ethics laws. 4. While mention is made of a cottage industry permit, I can find no such application. Given Mr. Smith does not currently live at the subject property and owns at least one other Tier 3 marijuana processing operation located in Silverlake, I do not see how this permit would fall under "cottage industry", where the primary purpose is a residence the owner lives in and operates a small business on the side. 5. Marijuana processing has by law been excluded from the definitions of "agricultural product", "farmer", "farming", "horticulture", "horticultural" and "horticultural product". See RCW 82.04.213. Instead, it is listed under RCW 69.50.101, which covers controlled substances. In numerous planning commission meetings, the minutes show the commissioners debating on how they would define marijuana, when that has already been decided by the codes set forth above. In a Feb 5, 2015 article in the PT Leader, Kevin Coker is quoted as stating, "Marijuana is an agricultural product, in my opinion. I don't think there's anyone who can claim legally that it's not." /2-14, ' 2 I lQ -0 • 6. Marijuana processing has been classified as an F-1 moderate hazard factory industrial. See WAC 51-50-0306. An F-1 occupancy is a Factory Industrial Group Moderate Hazard oc processing facilities will now be required to comply with the same bu requirements as industrial factory uses. Many jurisdictions already re that undertake extraction activities to comply with these more stringe requirements. 7. An emergency rule was recently enacted. This is an interpretation of part of that rule, which added sections to the code: Washington State Building Code Council Improving the built environment by promoting health, safety and welfare 1500 Jefferson Street SE • P.O. Box 41449 • Olympia, Washington 98504 (360) 407-9280 • fax (360) 586-5366 • e-mail six aj.. .wa.gov • www.ga.wa.gov/sbcc STATE BUILDING CODE INTERPRETATION NO. 15-10 CODE: 2012 IFC. WAC 51-54A-3800(emergency rule) SECTION: Chapter 38: Marijuana processing and extraction facilities. QUESTION: Is carbon dioxide considered a solvent for the purposes of marijuana extraction processing', ANSWER: Yes. Carbon dioxide is a solvent as it conforms to the definition of solvent. In general if a product is used to 'reduceor pull out product from another product. it complies with the definition of a solvent. CO2 is a solvent, when used in a liquid form as a solvent, for example in supercritical drying. Water is also a solvent but is not regulated as the process is not hazardous. CO2 is hazardous based on the pressures used in the extraction (5.000 PSI). SUPERSEDES: None REQUESTED BY: Spokane Fire Department Fire Protection Engineer 3 2--0 8. Marrowstone Island does not have an active fire department. A recent structural fire next door to me required fire trucks from multiple stations including Indian Island, Chimacum, and farther reaches, with multiple trips for water, as there are few if any fire hydrants on the island. It took well over 8 hours for them to put out the fire. 9. The stormwater management plan conducted by Streamline Environmental states, "This project is clearly a 'Large' Project, and therefore requires us to address all ten minimum stormwater management requirements." In the site plan drawing attached to that document it shows all stormwater runoff from the nearly 11,000 SF greenhouse structure is directed towards a type F stream and wetlands area. The document states Smith will ensure "100% full on-site dispersion; 100% pollution prevention; 100% erosion control during construction" but does not state how this will be accomplished. While many residents are on PUD water, many others are on well water only. There is great concern for contamination/pollution of well water. 10. The vast majority of property owners and residents on Marrowstone do not want any marijuana processing located on our tiny rural residential island. It is wholly incompatible with the community and its values. A Marrowstone Community Development Plan was drafted and submitted to the County Board of Commissioners and was approved and certified as an official amendment to the Jefferson County Comprehensive Plan as Resolution No. 23-78 in March of 1978. The plan is a 53 page document that thoroughly describes the history, resources, community, etc. and represents the community values to this day. It is too large for me to attach, but I have printed a copy and would be happy to provide it to you along with many other documents I have compiled relating to this particular permit application as well as the issue of marijuana processing in rural residential areas. 11. Many rural residential communities and counties throughout the state have expressed in no uncertain terms that marijuana processing belongs in commercial/industrial areas, NOT residential, rural or otherwise. Marrowstone is no exception. 12. Please read this white paper published in March 2017: Marijuana's Impact on Communities and the Environment. It speaks to issues for all rural residents of Washington, not just Thurston County. I trust you will take into consideration all of the above when making a determination on this permit application for a Tier 3 marijuana processing facility. Per code, it can be granted only by a conditional use permit; however, the question has been asked and not answered as to who "the administrator" is who has the discretion to approve it. The question was asked in the Planning Commission meeting of May 20, 2015 by Glenn Woodbury of Marrowstone. Carl Smith's reply was, "That is a matter to be discussed at another time." C(d) Conditional uses. subject to criteria, public notice, written public comment and, at the discretion of the administrator, public hearing procedure. if Warranted, based on the projec potential impacts, size or complexity, according to criteria it JCC 1.8.40.520: see Article VIII of Chapter 18.40 JCC. Sincerely, 2-4 4 �g 10 Laurel Burik Marrowstone Island 360.774.0678 cc: Allison Arthur, Editor/Reporter, PT Leader 24 5 1 q 2d