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HomeMy WebLinkAbout23 Glenn Gately 711 Robbins Road Nordland WA 98358 360-385-5774 27 June 2017 To: Stephen K. Causseaux, Esq. Jefferson County Hearing Examiner 902 South 10th Street Tacoma, Washington 98405 CC. Patty Charnas, Director of Community Development, pcharnas@co.jefferson.wa.us Pat Hopper, Associate Planner, phopper@co.jefferson.wa.us Kate Dean, County Commissioner District 1, jeffbocc@co.jefferson.wa.us Kathleen Kler, Commissioner District 3, jeffbocc@co.jefferson.wa.us David Sullivan, Commissioner District 2, jeffbocc@co.jefferson.wa.us Philip Morley, County Administrator, pmorley(a�co.jefferson.wa.us aarthur(a,ptleader.com Re: JEFFCO Case # ZON17-000093 Building Permit BLD17-00003 Dear Mr. Causseaux, I have been a resident of Marrowstone island since 1977 and a landowner since 1979. My wife and I live here because of the high quality of life here on the island. To preserve this high quality of life, the residents of Marrowstone had the foresight to write the Marrowstone Island Community Development Plan. These island residents had a deep knowledge and love for this island and its natural beauty. The plan was approved and certified by the Jefferson County Commissioners on March 20, 1978. Mr. Austin Smith is claiming his marijuana business is a cottage industry and has filed a cottage industry permit. The permit states: "An administrative determination to deny an application will be made when the proposal is not consistent with the goals, policies and provisions of the Comprehensive Plan and/or applicable community development plan and the Jefferson County Code." In this case the applicable community development plan is the Marrowstone Island Community Development Plan (pertinent pages attached). The general plan goal (page 15) states: "The goal of the Marrowstone Island Community Development Plan is to maintain, preserve and enhance the rural atmosphere and scenic beauty of Marrowstone Island." 2 A 10,000 square foot, 23-foot high greenhouse with 8- foot fence, outdoor security lights and powerful fans does not maintain, preserve or enhance the scenic beauty of Marrowstone Island. The number 1 goal under the "commerce and industry" section (page 18 ) states: "To provide for a level of commerce that is adequate for the needs of island residents and to a lesser degree summer tourists." This business is not a retail business, so it will not provide for the needs of island residents or summer tourists. The number 2 goal states: "To insure that commercial development is located, designed, constructed and operated in a desirable and well-planned manner." Virtually all of the island residents I have talked to say that residential land is not a desirable location for this business. In particular, the residents near Mr. Smith's land are voicing their feelings at this hearing that they do not desire a very large greenhouse with lights, fence, and fans next to them. Policy 1 states: "Home or cottage businesses should: (c) not affect the use, value, or enjoyment of adjacent properties. Other than social security, my wife and I have no retirement plan. In 2905, we purchased a 5-acre parcel (021204022) on Schwartz Road as an investment for our older age. This parcel is 420 ft. southeast of Mr. Smith's parcel. We are concerned that, when we go to sell it, its value will have decreased due to the nearby marijuana operation. One potential buyer of land currently for sale adjacent to Mr. Smith's property lost interest after learning that a marijuana operation was going in next door (see attached letter by Mr. Alan Gustafson). In Spokane County, at least one landowner had his property value reduced 10 percent by the Board of Equalization because of the smell coming from a marijuana operation. It is also likely that the marijuana operation will affect the enjoyment of those residents living nearby. I know it would for me. In conclusion, the proposed marijuana growing and processing operation does not comply with all the goals and policies stated in the Marrowstone Island Community Development Plan. It is not your typical "Ma and Pa" cottage business and is not a good fit in a residential neighborhoods I respectfully request that you deny the permit. Sincerely, Glenn Gately . . - '- chapter �� �� community development plan In order that this special chapter of the Jefferson County Comprehen- sive Plan may serve as a useful tool for future decision-making, it must contain clear and reasonable guidelines for an array of public and private activities and developments. The guidelines of this plan are in the form of goals and policies. "Goals" are statements of the ends we would like to see, our long range aims. "Policies" are actions to be taken or adhered to, that make the goals obtainable. Policies are used in day-to-day decision-making. The goals and policies contained in the Marrowstone Island Community Development Plan have evolved after careful consideration of a number of important factors: I. Natural resources of the Island such as soils, geology, climate water topography, fish and wildlife, and shoreline features; ` ` 2. Cultural resources of the Island such as its people, community facil- ities and services, businesses, and heritage; 3. Past, present and projected ed gr0Nth and development trends;Desires and needs of Island residents and property owners as expressed the opinion surveyandcommunity meetings; 5. Sound professional planning and community development principles. prinCiple3 .The goals and policies of this document will be applied to public andprivate decisions regarding subdivisions and other residential developments; resource production activities such as aquaculture, agriculture - ^~rest'y`parKS, open space and recreational developments; roads and transpVrtatiOn;Utflities, public facilities and buildings; an and public services and programs. GENERAL PLAN GOAL The goal of the Marrowstone Island Community Development Plan is to maintain, preserve and enhance the rural atmosphere and scenic beauty of Marrowstone Island. GENERAL PLAN POLICIES I. Natural open spaces, agriculture, aquaculture and residential develop- ' ment should be the primary use of the land and adjoining shOrelines - Z. Private and public facilities and services should primarily serve the' needs of Island residents, including Fort Flager State Park. 15 �� ��� � 7. Upgrading and renovdti0n of existing deteriorating housing units should be encouraged. 8. Consideration should be given to orienting lots and home Sites so homes can benefit from energy conservation measures and alternative energy sources such as solar energy.Innovative residential development opment wfth respect to architectural and structural design, utility systems, and site layout should be encouraged. Codes and standards shouldcontain sufficient flexibility to permit innovation and experimentation. 10. Buffer/greenbelt Strips should be provided on lot sides adjacent to collector or arterial roads such as Flagler RUad 11. Access for residential lots onto such major roads` as Flagler Road should be limited. Access needs should be accommodated by such techniques a^ u common-use driveways. 12. Multi-family dwellings are not considered harmonious with the rural land- scape and should not be constructed on Marrowstone Island. �inglg famil- detached houses are the preferred type of residential structures y 13. Residential structures should not be located in ' a manner sig- nificantly block the view of adjacent properties that will 14. Residential structures should not exceed 35 fe"t' in height from the finished grade level . The following maximum residential densities for Marrowstone Island relate to the type of utilities that might be available. Density is in "dwelling units per acre", rather than "minimum lot size." ' This h i spr0Yides for more flexibility in the siting of homes and permits "clustering" or grouping of houses. Clustering is a technique intended to: reduce site development costs; take advantageof the best features of property such as views; and retain mUreV~~~"'e0pen space than withminimum lot 3izeS`lf clustering is chosenby aresid8ntial developer he must still meet the 0Yerall density that would have been acceptable had he chosen to locate houses snn uniformly distributed lots. The Jefferson County Health Department may, under certain adverse soil conditions, require larger lot sizes for the safe of septic tank effluent then are prescribed in the following policies. l5^ For residential sites served by individual wells and an approved on-site disposal system (septic tank and drainfield), themaximum residen- tial density should bel dwelling unit per 2 gross �Cres.l8, For residential sites served by a community water system and nd 8n approved rO «e d0n-Site sewage disposal system, the maximum residential density sUould be el dwelling unit per gross acre. A community water system isa systemser«iOg more than one house. It could be a small neighborhood system or serving a large part of the Island.For residential sites served byacommunity water system and a sanitary system, the maximum residential density should be 1 dwelling unitper gross acre. COMMERCE and INDUSTRY CO0merce is defined as thearrayOf activities associated with buying and selling goods and services. Industry is the manufacturing, processing, fabri- 17 . . cation or assembling of products or _ - ' materials.present, the Nordland General Store serves r«esas the commercial center terfnr the I5ldnd. A concession is operated at Fort Flagler State Park to serve v ethe needs of summer tourists. A larger, commercial center is located at Hadlock. Also, there are a number of business enterprises home-based Island, but which conduct the major part of their operations elsewhere.the E .p)es include the Carl Johnson truck/freight fin-' and Stevens Stage Lines.loggingor excavating contractors who maintain or store their equipmentOn Marrowstone, but perform their work off the Island are similar examples. There are no industrial developments on the Island. GOALS I. To provide for a level of commerce that is adequate for th 2. Island residents and to a lesser degree summer tourists' e needs of To insure that commercial development is located, designed, constructed xodoperated in a desirable and well-planned manner. y» ` POLICIES I. Many residents on the Island are retirement age. The opportunity should exist for those who desire to supplement their retirement incomes t h r O u ghh0me or cottage busiDesses. Home or cottage businesses are activities as a beauty parlor, tax accounting, sign painting, etc. Home or businesses should: (a) employ nomore than two persons outside the immediate family; (b) be contained within primary residential structures outbuildings such as garages or barns; and (c) notaffect the use, value, or enJoyment of adjacent areas or properties.Home-based businesses on the Island should: (a) be accessory to a prim- ary residence, and (b) not aversely affect the use, value, or enjoyment adjacent properties.Intensive commercial activites, other than "Ma and Pa" tv or cottage businesses, home-based businesses, personal s^ PeiSt«re5" home enterprises V �uincidenti�l with agriculture �r« oes, and should be considered incompatible with ther aquaculture production and this plun, rural character of the Island 4. Industrial activities are considered an urban land considered compatible with the goals and policies use and should not be �s 8f this plan. � fj Strip commercial development along arterials leadst C congestion, automobile accidents, proliferation of j� unnecessary propertytr�f- values. signs, and diminished 5. Commercial development should be located adjacent to e xisit Og commercial 0 r C ialarea3 near the Nordland Store in a block-like fashion.Commercial development should provide sufficient off-street parking withlimited access, a separate off-street loading or delivery zone, adequate screening or buffering from adjoining uses, and should notcreate a which would adversely affect the use, value or enjoyment of areas or properties.Commercial signs should follow the policies in the following section2ntit7ed "Signs and Outdoor Advertising. " 18 . . resolution no. 23-78 14HERG4S, the Washington State Planning Enabling Act, R.C.W. 36.70, permits the Jefferson County Comprehensive Plan to be "amplified or augmented in scope by progressively including more completely planned areas consisting of natural homogeneous communities, distinctive geograph- ical areas, or other types of districts having unified interests within the total area of the County", and WHEREAS, Marrowstone Island constitutes such a distinctive geograph- ical area whose citizens have unified interests, and WHEREAS, the Marrowstone Island Community Development Plan has been prepared by the mutual cooperation of the property owners of Marrowstone Island, the Jefferson County Planning Commission, the Jefferson County Planning Department, and other interested and responsible parties, and WHEREAS, said Plan has been reviewed in compliance with the State Planning Enabling Act, including the required public hearings, and WHEREAS, the Jefferson County Planning Commission has approved said Plan and recommended that this Board of County Commissioners also approve and certify same, and WHEREAS, this Board finds the adoption of said Plan to be in the interest of the public health, safety, and welfare of the citizens of Marrcwstone Island and the citizens of Jefferson County, `! NOW THEREFORE BE IT RESOLVED, that the Marrowstone Island Community Development Plan is hereby approved and certified as an official amend- ' meDt to the Jefferson County Comprehensive ?Ian. '�� APPROVED and CERTIFIED this ~J /� �+/ day of )770.4:471.; , 1978. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS ,r' . , ,, ( ., ; / ., v - - Y/21/" L/CC' / . arroll M. Mercer, Chairman __�. ^�v ( � ~ / '// 1 1 � ^ , ��. � � ' A.M. O.MearV, 'COmmissinner ATTEST: ,-/U tty ouhy ! nd Ex-Officio ��'� / "�ru -w/ ,~~ Clerk of the Board B.G. Brown, Commissioner '. June 26, 2017 To: Mr. Pat Hopper Department of Community Development 621 Sheridan Street Port Townsend, Wash. 98368 Mr. Hopper, I am writing you concerning the proposed marijuana growing facility that the Jefferson County Dept. of Community Development, County zoning commission, and the Jefferson County Commissioners are looking at for the possibility of permitting such an enterprise to take hold of,there on Marrowstone Island, in Jefferson County. I am the oldest son of, Nettie Jean Gustafson, owner of the property that shares a boundary with the proposed facility. I am also her Durable Power of Attorney. You should know that my mother, an upstanding senior citizen of this state, is very upset about this possibility as the proposed facility is located right next to her property on Fort Flagler Road and her property is already being negatively affected by this proposal.At the time of this writing we have learned that she has recently lost the possibility of a sale of her property when a prospective buyer found out about the grow operation and pulled out of making an offer on her property. It has also come to our attention that some representatives of the operation have been making statements to the affect that the property that is owned by my mother is timbered and creates a needed natural buffer for an operation such as this.The problem here, is that it is not going to be true as the family has contacted several logging firms for estimates to log the property. This would, as a result,take away the "natural" buffer that is being claimed as needed and remaining there to help that project.This is something that the commissioners should be made aware of. She has asked me contact the appropriate agencies and representatives to voice her grave concerns for her property, investment, lively hood, and financial source of money to provide safe and secure room and board for her life at the assistant living facility that she now resides at.This proposal is very ill conceived in the relation that it does not have any concern for the citizens of Marrowstone Island or the citizens of Jefferson County.This proposal from the owner/investor of the operation has only one concern and that is of its financial success, no matter how it is accomplished or who it negatively impacts or hurts. Mr. Hopper,there is even a much bigger area of concern for the residents of Marrowstone Island and the residents and citizens of Jefferson County.This concern is the fact that the citizens and the representatives of Jefferson County have a great treasure, a great jewel in their possession that is so rare and so valuable that it should be guarded with great care and honor. This treasure is the one thing that very few counties or cities can claim as their own. It is a beautiful Island with a rich and historic past. One that cannot ever be duplicated.The sad story here is that someone or several people that • have the respect and trust of its citizens may make the wrong decision and destroy this paradise and cast it away like it had no value.The romance, beauty, intrigue, and pride that is intertwined in this wonderful oasis with in Jefferson County, could be forever lost, never to return if this proposal of a Marijuana Operation is allowed to go forward. Many of these residents, citizens, and owners of Marrowstone Island have lived there for generations.They are a very proud and unique people that regard this island as a paradise and often look to hand it down to their children.These people are the guardians of the past, present and future of their island and are very proud of its place in history and do not want to see it sold out to the highest bidder or for a favor. It is important that everyone realize that this proposed industrial grow operation could be put in any of a thousand different locations other than Marrowstone Island. I, like so many others, believe that the reason that the investors and owner picked this place is because they viewed the occupants of the island as being push overs and they could push things thru without opposition. I am sure that you are finding that this is very far from the truth. In reviewing this situation, I believe that the County government, county planning and zoning commission, and the Department of Community Development has a great and historic opportunity to stand up and not let big money and big business control the game and get what they want at any cost to the wonderful citizens of Jefferson County. From this point forward, history for the island will either remain rich and a treasure, and something to pass down to all of our children and the visitors and guests that come there or it will be forever changed and become just another trophy in someone's book and wallet. In closing, I wish all those of Marrowstone Island and Jefferson County a bright future and those with the burden of having to wrestle with and make these decisions the strength to decide carefully and wisely with their citizens and the law in equal balance for the best interest of all. Thank you, Respectfully, Alan Gustafson MARIJUANA Marijuana farm odor hurts neighbor's property value near Cheney Sun., Dec. 11, 2016, 5:45 a.m. Patrick Bang,co-owner of Bang's Cannabis Company smells the bud of a maturing organically-grown marijuana plant at a rural farm west of Spokane.Bang's has been hit especially hard with complaints about the odor of growing pot.(Colin Mulvany/The Spokesman-Review) By Chad Sokol chadso@spokesman.com (509) 45,9-5047 Roger lertsch can't stand the smell that wafts from his neighbor's property. Sometimes it's barely detectable in the afternoon breeze, But sometimes, he said, the skunky aroma is so penetrating he can't keep the windows open, let alone enjoy a'`meal on his patio. And because of the smell of his neighbor's marijuana farm, the Spokane County Assessor's Office recently took 10 percent off the value of Bertsch's property on the outskirts of Cheney, the office of the Board of Equalization confirmed this week. "Ever since they started growing cannabis, we've been getting a pretty intense skunk smell," said Bertsch, who has lived in a house on West Washington Road with his wife for nearly a decade. Neither of them opposes marijuana on moral grounds — it just stinks, he said. Their situation is one reason the Spokane County Commission voted unanimously on Nov. 29 to ban new outdoor pot farms — a move that drew the ire of local industry advocates. The ordinance is scheduled to last six months as commissioners gather public feedback and consider making it permanent. Commissioner Al French, who introduced the policy unexpectedly during a public meeting, said local officials have been "inundated" with complaints about smelly grow operations. He also sits on the board of directors of the Spokane Regional Clean Air Agency, which has tallied more than 200 such complaints since July 2014. Bang's Cannabis has been hit the hardest, with nearly 6o formal complaints from the Bertsches and other neighbors. The business also has been fined on at least two occasions for violating Clean Air Agency standards. Other pot grows have prompted few, if any, complaints. Patrick and Lacey Bang, and their new business partner, Scott Kramer, insist they're making good-faith efforts to mitigate odor. For example, they've installed several air purifiers in their greenhouses at a cost of more than $10,00o. 'We're not required to do it, but we're doing it because we want to be good stewards," said Kramer, an accountant who's working to bring Bang's into the black. They also insist the smell is nonexistent beyond Bang's property line. . . . "Everybody that comes here, we ask them, 'Do you smell anything?' And they always say no," Kramer said. "Out at the street, you absolutely can't smell it." That rang true when a reporter and photographer visited the farm on a brisk afternoon last week. Neighbors and Clean Air Agency officials say that's part of the dilemma: The smell can be overpowering when a complaint is filed but vanish by the time an inspector arrives, making enforcement difficult. "We are not a 24/7 agency, and odors can be very transient," said Julie Oliver, the agency's executive director. The right place to grow pot? Patrick Bang was a landscaper, and Lacey Bang worked for Providence Health and Services when voters approved Initiative 502 in 2012. Two years later, the couple was granted a license to grow recreational marijuana, and they set to work cultivating plants in their backyard. Now they produce about 500 pounds per year. They say their plants are all organic, they reuse soil and other materials, and they plan to install windmills to power the grow lights. "We're a really sustainable brand, and I think a lot of people appreciate that," Patrick Bang said. Some neighbors would appreciate stricter zoning rules that keep pot farms out of residential areas, even rural ones where homes are farther apart. "These things don't belong anywhere near houses," said Carl Caughran, who lives across from Bang's on South Short Road. "I was there first for seven years. We try to get away from there now as much as we can. It's just not enjoyable." Caughran and his wife have filed the majority of the complaints against Bang's, but they insist they aren't feuding. He said Patrick Bang "is not a bad neighbor, other than the smell." . . Kramer said Bang's is in an appropriate location. "One of our arguments is that we're agriculture, and we're in an agricultural zone," he said. "It's a crop. It's a farm." Commissioner French has called the pot problem "a property rights issue." He compared it to the stench that sometimes torments neighbors of the Baker Commodities rendering plant in east Spokane, where animal carcasses are processed into ingredients for cosmetics and pet food. Flowering marijuana may reek less than simmering butcher scraps, but French said they both can infringe on a neighbor's right to clean, odorless air. In 2003, when he was a Spokane City Council member, French pushed the city to sue Baker Commodities over odor violations, resulting in a settlement that officials said would mitigate the problem. Tony Birch lives a half-mile north of Bang's and said he still can't escape the odor. "In the summer, we have to keep the windows closed because the skunk smell just permeates the house," he said. Meanwhile, Laura Gardner lives just across the street from the farm and never catches more than a whiff. "I don't like it," she said, "but it doesn't bother me any." 'It's not a toxic smell' Some say the fragrance of unsmoked marijuana makes them nauseated, but Brian Smith, a spokesman for the state Liquor and Cannabis Board, said, "It's not a toxic smell." The board handles permitting and ensures pot farms are up to code, but no state agency responds to odor complaints. Instead, they are forwarded to local entities such as the Clean Air Agency. 4vimmmom . . . . "It really is a patchwork across the state," Smith said. Julie Oliver, the Clean Air Agency director, said, "Under state law, odors are considered air contaminants." But some say the agency shouldn't bother with marijuana producers. "I would prefer that the Clean Air Agency would be spending their time with pollutants that cause global warming, and not worrying about how to stifle a new industry," City Council President Ben Stuckart said last month. This year, the agency organized a Marijuana Advisory Committee, but the agency doesn't target pot farms. Oliver said inspectors also respond to complaints about more traditional farm odors, such as manure. The county's moratorium does not affect existing farms or those with pending applications. Currently, 39 producers in the county operate at least partly outdoors, according to Liquor and Cannabis Board data. Greenhouses without rigid walls don't count as indoor facilities. Patrick Bang believes his farm has been unfairly targeted and said the county commissioners likely received "bad information." "To hinder all the outdoor grows that don't have any issues seems very unfair," he said. "I think if you had any of the commissioners come out here and walk the property line, they might think differently about the problem they've got here." Editor's note: This story was changed on Dec. 12, 2016 to correct an error relating to who confirmed that the Spokane County Assessor's Office recently took 10 percent off the value of Roger Bertsch's property. The office of the Board of Equalization confirmed that the assessor's office lowered the value. PUBLISHED: DEC. 11, 2016, 5:45 A.M. Tags: marijuana, odor, outdoor farm, smell, Spokane County Commission,Spokane County government, spokane regional clean air agency Glenn Gately 711 Robbins Road Nordland WA 98358 360-385-5774 27 June 2017 To: Stephen K. Causseaux, Esq. Jefferson County Hearing Examiner 902 South 10th Street Tacoma, Washington 98405 CC. Patty Charnas, Director of Community Development, pcharnas@co.jefferson.wa.us Pat Hopper, Associate Planner, phopper@co.jefferson.wa.us Kate Dean, County Commissioner District 1, jeffbocc@co.jefferson.wa.us Kathleen Kler, Commissioner District 3, jeffbocc@co.jefferson.wa.us David Sullivan, Commissioner District 2, jeffbocc@co.jefferson.wa.us Philip Morley, County Administrator, pmorley(a�co.jefferson.wa.us aarthur(a,ptleader.com Re: JEFFCO Case # ZON17-000093 Building Permit BLD17-00003 Dear Mr. Causseaux, I have been a resident of Marrowstone island since 1977 and a landowner since 1979. My wife and I live here because of the high quality of life here on the island. To preserve this high quality of life, the residents of Marrowstone had the foresight to write the Marrowstone Island Community Development Plan. These island residents had a deep knowledge and love for this island and its natural beauty. The plan was approved and certified by the Jefferson County Commissioners on March 20, 1978. Mr. Austin Smith is claiming his marijuana business is a cottage industry and has filed a cottage industry permit. The permit states: "An administrative determination to deny an application will be made when the proposal is not consistent with the goals, policies and provisions of the Comprehensive Plan and/or applicable community development plan and the Jefferson County Code." In this case the applicable community development plan is the Marrowstone Island Community Development Plan (pertinent pages attached). The general plan goal (page 15) states: "The goal of the Marrowstone Island Community Development Plan is to maintain, preserve and enhance the rural atmosphere and scenic beauty of Marrowstone Island." 2 A 10,000 square foot, 23-foot high greenhouse with 8- foot fence, outdoor security lights and powerful fans does not maintain, preserve or enhance the scenic beauty of Marrowstone Island. The number 1 goal under the "commerce and industry" section (page 18 ) states: "To provide for a level of commerce that is adequate for the needs of island residents and to a lesser degree summer tourists." This business is not a retail business, so it will not provide for the needs of island residents or summer tourists. The number 2 goal states: "To insure that commercial development is located, designed, constructed and operated in a desirable and well-planned manner." Virtually all of the island residents I have talked to say that residential land is not a desirable location for this business. In particular, the residents near Mr. Smith's land are voicing their feelings at this hearing that they do not desire a very large greenhouse with lights, fence, and fans next to them. Policy 1 states: "Home or cottage businesses should: (c) not affect the use, value, or enjoyment of adjacent properties. Other than social security, my wife and I have no retirement plan. In 2905, we purchased a 5-acre parcel (021204022) on Schwartz Road as an investment for our older age. This parcel is 420 ft. southeast of Mr. Smith's parcel. We are concerned that, when we go to sell it, its value will have decreased due to the nearby marijuana operation. One potential buyer of land currently for sale adjacent to Mr. Smith's property lost interest after learning that a marijuana operation was going in next door (see attached letter by Mr. Alan Gustafson). In Spokane County, at least one landowner had his property value reduced 10 percent by the Board of Equalization because of the smell coming from a marijuana operation. It is also likely that the marijuana operation will affect the enjoyment of those residents living nearby. I know it would for me. In conclusion, the proposed marijuana growing and processing operation does not comply with all the goals and policies stated in the Marrowstone Island Community Development Plan. It is not your typical "Ma and Pa" cottage business and is not a good fit in a residential neighborhoods I respectfully request that you deny the permit. Sincerely, Glenn Gately . . - '- chapter �� �� community development plan In order that this special chapter of the Jefferson County Comprehen- sive Plan may serve as a useful tool for future decision-making, it must contain clear and reasonable guidelines for an array of public and private activities and developments. The guidelines of this plan are in the form of goals and policies. "Goals" are statements of the ends we would like to see, our long range aims. "Policies" are actions to be taken or adhered to, that make the goals obtainable. Policies are used in day-to-day decision-making. The goals and policies contained in the Marrowstone Island Community Development Plan have evolved after careful consideration of a number of important factors: I. Natural resources of the Island such as soils, geology, climate water topography, fish and wildlife, and shoreline features; ` ` 2. Cultural resources of the Island such as its people, community facil- ities and services, businesses, and heritage; 3. Past, present and projected ed gr0Nth and development trends;Desires and needs of Island residents and property owners as expressed the opinion surveyandcommunity meetings; 5. Sound professional planning and community development principles. prinCiple3 .The goals and policies of this document will be applied to public andprivate decisions regarding subdivisions and other residential developments; resource production activities such as aquaculture, agriculture - ^~rest'y`parKS, open space and recreational developments; roads and transpVrtatiOn;Utflities, public facilities and buildings; an and public services and programs. GENERAL PLAN GOAL The goal of the Marrowstone Island Community Development Plan is to maintain, preserve and enhance the rural atmosphere and scenic beauty of Marrowstone Island. GENERAL PLAN POLICIES I. Natural open spaces, agriculture, aquaculture and residential develop- ' ment should be the primary use of the land and adjoining shOrelines - Z. Private and public facilities and services should primarily serve the' needs of Island residents, including Fort Flager State Park. 15 �� ��� � 7. Upgrading and renovdti0n of existing deteriorating housing units should be encouraged. 8. Consideration should be given to orienting lots and home Sites so homes can benefit from energy conservation measures and alternative energy sources such as solar energy.Innovative residential development opment wfth respect to architectural and structural design, utility systems, and site layout should be encouraged. Codes and standards shouldcontain sufficient flexibility to permit innovation and experimentation. 10. Buffer/greenbelt Strips should be provided on lot sides adjacent to collector or arterial roads such as Flagler RUad 11. Access for residential lots onto such major roads` as Flagler Road should be limited. Access needs should be accommodated by such techniques a^ u common-use driveways. 12. Multi-family dwellings are not considered harmonious with the rural land- scape and should not be constructed on Marrowstone Island. �inglg famil- detached houses are the preferred type of residential structures y 13. Residential structures should not be located in ' a manner sig- nificantly block the view of adjacent properties that will 14. Residential structures should not exceed 35 fe"t' in height from the finished grade level . The following maximum residential densities for Marrowstone Island relate to the type of utilities that might be available. Density is in "dwelling units per acre", rather than "minimum lot size." ' This h i spr0Yides for more flexibility in the siting of homes and permits "clustering" or grouping of houses. Clustering is a technique intended to: reduce site development costs; take advantageof the best features of property such as views; and retain mUreV~~~"'e0pen space than withminimum lot 3izeS`lf clustering is chosenby aresid8ntial developer he must still meet the 0Yerall density that would have been acceptable had he chosen to locate houses snn uniformly distributed lots. The Jefferson County Health Department may, under certain adverse soil conditions, require larger lot sizes for the safe of septic tank effluent then are prescribed in the following policies. l5^ For residential sites served by individual wells and an approved on-site disposal system (septic tank and drainfield), themaximum residen- tial density should bel dwelling unit per 2 gross �Cres.l8, For residential sites served by a community water system and nd 8n approved rO «e d0n-Site sewage disposal system, the maximum residential density sUould be el dwelling unit per gross acre. A community water system isa systemser«iOg more than one house. It could be a small neighborhood system or serving a large part of the Island.For residential sites served byacommunity water system and a sanitary system, the maximum residential density should be 1 dwelling unitper gross acre. COMMERCE and INDUSTRY CO0merce is defined as thearrayOf activities associated with buying and selling goods and services. Industry is the manufacturing, processing, fabri- 17 . . cation or assembling of products or _ - ' materials.present, the Nordland General Store serves r«esas the commercial center terfnr the I5ldnd. A concession is operated at Fort Flagler State Park to serve v ethe needs of summer tourists. A larger, commercial center is located at Hadlock. Also, there are a number of business enterprises home-based Island, but which conduct the major part of their operations elsewhere.the E .p)es include the Carl Johnson truck/freight fin-' and Stevens Stage Lines.loggingor excavating contractors who maintain or store their equipmentOn Marrowstone, but perform their work off the Island are similar examples. There are no industrial developments on the Island. GOALS I. To provide for a level of commerce that is adequate for th 2. Island residents and to a lesser degree summer tourists' e needs of To insure that commercial development is located, designed, constructed xodoperated in a desirable and well-planned manner. y» ` POLICIES I. Many residents on the Island are retirement age. The opportunity should exist for those who desire to supplement their retirement incomes t h r O u ghh0me or cottage busiDesses. Home or cottage businesses are activities as a beauty parlor, tax accounting, sign painting, etc. Home or businesses should: (a) employ nomore than two persons outside the immediate family; (b) be contained within primary residential structures outbuildings such as garages or barns; and (c) notaffect the use, value, or enJoyment of adjacent areas or properties.Home-based businesses on the Island should: (a) be accessory to a prim- ary residence, and (b) not aversely affect the use, value, or enjoyment adjacent properties.Intensive commercial activites, other than "Ma and Pa" tv or cottage businesses, home-based businesses, personal s^ PeiSt«re5" home enterprises V �uincidenti�l with agriculture �r« oes, and should be considered incompatible with ther aquaculture production and this plun, rural character of the Island 4. Industrial activities are considered an urban land considered compatible with the goals and policies use and should not be �s 8f this plan. � fj Strip commercial development along arterials leadst C congestion, automobile accidents, proliferation of j� unnecessary propertytr�f- values. signs, and diminished 5. Commercial development should be located adjacent to e xisit Og commercial 0 r C ialarea3 near the Nordland Store in a block-like fashion.Commercial development should provide sufficient off-street parking withlimited access, a separate off-street loading or delivery zone, adequate screening or buffering from adjoining uses, and should notcreate a which would adversely affect the use, value or enjoyment of areas or properties.Commercial signs should follow the policies in the following section2ntit7ed "Signs and Outdoor Advertising. " 18 . . resolution no. 23-78 14HERG4S, the Washington State Planning Enabling Act, R.C.W. 36.70, permits the Jefferson County Comprehensive Plan to be "amplified or augmented in scope by progressively including more completely planned areas consisting of natural homogeneous communities, distinctive geograph- ical areas, or other types of districts having unified interests within the total area of the County", and WHEREAS, Marrowstone Island constitutes such a distinctive geograph- ical area whose citizens have unified interests, and WHEREAS, the Marrowstone Island Community Development Plan has been prepared by the mutual cooperation of the property owners of Marrowstone Island, the Jefferson County Planning Commission, the Jefferson County Planning Department, and other interested and responsible parties, and WHEREAS, said Plan has been reviewed in compliance with the State Planning Enabling Act, including the required public hearings, and WHEREAS, the Jefferson County Planning Commission has approved said Plan and recommended that this Board of County Commissioners also approve and certify same, and WHEREAS, this Board finds the adoption of said Plan to be in the interest of the public health, safety, and welfare of the citizens of Marrcwstone Island and the citizens of Jefferson County, `! NOW THEREFORE BE IT RESOLVED, that the Marrowstone Island Community Development Plan is hereby approved and certified as an official amend- ' meDt to the Jefferson County Comprehensive ?Ian. '�� APPROVED and CERTIFIED this ~J /� �+/ day of )770.4:471.; , 1978. SEAL: JEFFERSON COUNTY BOARD OF COMMISSIONERS ,r' . , ,, ( ., ; / ., v - - Y/21/" L/CC' / . arroll M. Mercer, Chairman __�. ^�v ( � ~ / '// 1 1 � ^ , ��. � � ' A.M. O.MearV, 'COmmissinner ATTEST: ,-/U tty ouhy ! nd Ex-Officio ��'� / "�ru -w/ ,~~ Clerk of the Board B.G. Brown, Commissioner '. June 26, 2017 To: Mr. Pat Hopper Department of Community Development 621 Sheridan Street Port Townsend, Wash. 98368 Mr. Hopper, I am writing you concerning the proposed marijuana growing facility that the Jefferson County Dept. of Community Development, County zoning commission, and the Jefferson County Commissioners are looking at for the possibility of permitting such an enterprise to take hold of,there on Marrowstone Island, in Jefferson County. I am the oldest son of, Nettie Jean Gustafson, owner of the property that shares a boundary with the proposed facility. I am also her Durable Power of Attorney. You should know that my mother, an upstanding senior citizen of this state, is very upset about this possibility as the proposed facility is located right next to her property on Fort Flagler Road and her property is already being negatively affected by this proposal.At the time of this writing we have learned that she has recently lost the possibility of a sale of her property when a prospective buyer found out about the grow operation and pulled out of making an offer on her property. It has also come to our attention that some representatives of the operation have been making statements to the affect that the property that is owned by my mother is timbered and creates a needed natural buffer for an operation such as this.The problem here, is that it is not going to be true as the family has contacted several logging firms for estimates to log the property. This would, as a result,take away the "natural" buffer that is being claimed as needed and remaining there to help that project.This is something that the commissioners should be made aware of. She has asked me contact the appropriate agencies and representatives to voice her grave concerns for her property, investment, lively hood, and financial source of money to provide safe and secure room and board for her life at the assistant living facility that she now resides at.This proposal is very ill conceived in the relation that it does not have any concern for the citizens of Marrowstone Island or the citizens of Jefferson County.This proposal from the owner/investor of the operation has only one concern and that is of its financial success, no matter how it is accomplished or who it negatively impacts or hurts. Mr. Hopper,there is even a much bigger area of concern for the residents of Marrowstone Island and the residents and citizens of Jefferson County.This concern is the fact that the citizens and the representatives of Jefferson County have a great treasure, a great jewel in their possession that is so rare and so valuable that it should be guarded with great care and honor. This treasure is the one thing that very few counties or cities can claim as their own. It is a beautiful Island with a rich and historic past. One that cannot ever be duplicated.The sad story here is that someone or several people that • have the respect and trust of its citizens may make the wrong decision and destroy this paradise and cast it away like it had no value.The romance, beauty, intrigue, and pride that is intertwined in this wonderful oasis with in Jefferson County, could be forever lost, never to return if this proposal of a Marijuana Operation is allowed to go forward. Many of these residents, citizens, and owners of Marrowstone Island have lived there for generations.They are a very proud and unique people that regard this island as a paradise and often look to hand it down to their children.These people are the guardians of the past, present and future of their island and are very proud of its place in history and do not want to see it sold out to the highest bidder or for a favor. It is important that everyone realize that this proposed industrial grow operation could be put in any of a thousand different locations other than Marrowstone Island. I, like so many others, believe that the reason that the investors and owner picked this place is because they viewed the occupants of the island as being push overs and they could push things thru without opposition. I am sure that you are finding that this is very far from the truth. In reviewing this situation, I believe that the County government, county planning and zoning commission, and the Department of Community Development has a great and historic opportunity to stand up and not let big money and big business control the game and get what they want at any cost to the wonderful citizens of Jefferson County. From this point forward, history for the island will either remain rich and a treasure, and something to pass down to all of our children and the visitors and guests that come there or it will be forever changed and become just another trophy in someone's book and wallet. In closing, I wish all those of Marrowstone Island and Jefferson County a bright future and those with the burden of having to wrestle with and make these decisions the strength to decide carefully and wisely with their citizens and the law in equal balance for the best interest of all. Thank you, Respectfully, Alan Gustafson MARIJUANA Marijuana farm odor hurts neighbor's property value near Cheney Sun., Dec. 11, 2016, 5:45 a.m. Patrick Bang,co-owner of Bang's Cannabis Company smells the bud of a maturing organically-grown marijuana plant at a rural farm west of Spokane.Bang's has been hit especially hard with complaints about the odor of growing pot.(Colin Mulvany/The Spokesman-Review) By Chad Sokol chadso@spokesman.com (509) 45,9-5047 Roger lertsch can't stand the smell that wafts from his neighbor's property. Sometimes it's barely detectable in the afternoon breeze, But sometimes, he said, the skunky aroma is so penetrating he can't keep the windows open, let alone enjoy a'`meal on his patio. And because of the smell of his neighbor's marijuana farm, the Spokane County Assessor's Office recently took 10 percent off the value of Bertsch's property on the outskirts of Cheney, the office of the Board of Equalization confirmed this week. "Ever since they started growing cannabis, we've been getting a pretty intense skunk smell," said Bertsch, who has lived in a house on West Washington Road with his wife for nearly a decade. Neither of them opposes marijuana on moral grounds — it just stinks, he said. Their situation is one reason the Spokane County Commission voted unanimously on Nov. 29 to ban new outdoor pot farms — a move that drew the ire of local industry advocates. The ordinance is scheduled to last six months as commissioners gather public feedback and consider making it permanent. Commissioner Al French, who introduced the policy unexpectedly during a public meeting, said local officials have been "inundated" with complaints about smelly grow operations. He also sits on the board of directors of the Spokane Regional Clean Air Agency, which has tallied more than 200 such complaints since July 2014. Bang's Cannabis has been hit the hardest, with nearly 6o formal complaints from the Bertsches and other neighbors. The business also has been fined on at least two occasions for violating Clean Air Agency standards. Other pot grows have prompted few, if any, complaints. Patrick and Lacey Bang, and their new business partner, Scott Kramer, insist they're making good-faith efforts to mitigate odor. For example, they've installed several air purifiers in their greenhouses at a cost of more than $10,00o. 'We're not required to do it, but we're doing it because we want to be good stewards," said Kramer, an accountant who's working to bring Bang's into the black. They also insist the smell is nonexistent beyond Bang's property line. . . . "Everybody that comes here, we ask them, 'Do you smell anything?' And they always say no," Kramer said. "Out at the street, you absolutely can't smell it." That rang true when a reporter and photographer visited the farm on a brisk afternoon last week. Neighbors and Clean Air Agency officials say that's part of the dilemma: The smell can be overpowering when a complaint is filed but vanish by the time an inspector arrives, making enforcement difficult. "We are not a 24/7 agency, and odors can be very transient," said Julie Oliver, the agency's executive director. The right place to grow pot? Patrick Bang was a landscaper, and Lacey Bang worked for Providence Health and Services when voters approved Initiative 502 in 2012. Two years later, the couple was granted a license to grow recreational marijuana, and they set to work cultivating plants in their backyard. Now they produce about 500 pounds per year. They say their plants are all organic, they reuse soil and other materials, and they plan to install windmills to power the grow lights. "We're a really sustainable brand, and I think a lot of people appreciate that," Patrick Bang said. Some neighbors would appreciate stricter zoning rules that keep pot farms out of residential areas, even rural ones where homes are farther apart. "These things don't belong anywhere near houses," said Carl Caughran, who lives across from Bang's on South Short Road. "I was there first for seven years. We try to get away from there now as much as we can. It's just not enjoyable." Caughran and his wife have filed the majority of the complaints against Bang's, but they insist they aren't feuding. He said Patrick Bang "is not a bad neighbor, other than the smell." . . Kramer said Bang's is in an appropriate location. "One of our arguments is that we're agriculture, and we're in an agricultural zone," he said. "It's a crop. It's a farm." Commissioner French has called the pot problem "a property rights issue." He compared it to the stench that sometimes torments neighbors of the Baker Commodities rendering plant in east Spokane, where animal carcasses are processed into ingredients for cosmetics and pet food. Flowering marijuana may reek less than simmering butcher scraps, but French said they both can infringe on a neighbor's right to clean, odorless air. In 2003, when he was a Spokane City Council member, French pushed the city to sue Baker Commodities over odor violations, resulting in a settlement that officials said would mitigate the problem. Tony Birch lives a half-mile north of Bang's and said he still can't escape the odor. "In the summer, we have to keep the windows closed because the skunk smell just permeates the house," he said. Meanwhile, Laura Gardner lives just across the street from the farm and never catches more than a whiff. "I don't like it," she said, "but it doesn't bother me any." 'It's not a toxic smell' Some say the fragrance of unsmoked marijuana makes them nauseated, but Brian Smith, a spokesman for the state Liquor and Cannabis Board, said, "It's not a toxic smell." The board handles permitting and ensures pot farms are up to code, but no state agency responds to odor complaints. Instead, they are forwarded to local entities such as the Clean Air Agency. 4vimmmom . . . . "It really is a patchwork across the state," Smith said. Julie Oliver, the Clean Air Agency director, said, "Under state law, odors are considered air contaminants." But some say the agency shouldn't bother with marijuana producers. "I would prefer that the Clean Air Agency would be spending their time with pollutants that cause global warming, and not worrying about how to stifle a new industry," City Council President Ben Stuckart said last month. This year, the agency organized a Marijuana Advisory Committee, but the agency doesn't target pot farms. Oliver said inspectors also respond to complaints about more traditional farm odors, such as manure. The county's moratorium does not affect existing farms or those with pending applications. Currently, 39 producers in the county operate at least partly outdoors, according to Liquor and Cannabis Board data. Greenhouses without rigid walls don't count as indoor facilities. Patrick Bang believes his farm has been unfairly targeted and said the county commissioners likely received "bad information." "To hinder all the outdoor grows that don't have any issues seems very unfair," he said. "I think if you had any of the commissioners come out here and walk the property line, they might think differently about the problem they've got here." Editor's note: This story was changed on Dec. 12, 2016 to correct an error relating to who confirmed that the Spokane County Assessor's Office recently took 10 percent off the value of Roger Bertsch's property. The office of the Board of Equalization confirmed that the assessor's office lowered the value. PUBLISHED: DEC. 11, 2016, 5:45 A.M. Tags: marijuana, odor, outdoor farm, smell, Spokane County Commission,Spokane County government, spokane regional clean air agency