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HomeMy WebLinkAbout02 MLA17-19 Revised Permit Conditions.pdfMLA17-00019 (ZON17-00002 and ZON17-00003) STAFF RECOMMENDATIONS Based on the preceding findings, staff recommends Approval of the Type III Conditional Use application. Staff found the proposal to be consistent with the applicable code requirements and that the Conditional Use Permit should be granted subject to the following conditions: 1. The proponent shall install the stormwater management facilities and implement the Best Management Practices per the approved Stormwater Site Plan. All applicable temporary erosion control measures shall be installed at the start of construction. 2. The proponent shall notify Jefferson County Public Works (360 385-9160) prior to commencing land-disturbing activity. 3. Prior to final project approval, the proponent shall submit a letter to Public Works from the Engineer of Record certifying that the site has been developed and stormwater management facilities have been constructed as per the Stormwater Site Plan. 4. To meet the requirements of the Jefferson County Unified Development Code, SWMMWW Minimum Requirement #9 Operation and Maintenance, and to ensure that the approved stormwater management facilities are appropriately maintained for the life of the project, prior to final project approval, the proponent shall enter into a Stormwater Management Facility Maintenance Agreement with Jefferson County. The Public Works Department will send a copy of the Agreement to the proponent which has been signed by the Public Works Director. The proponent shall sign the Agreement before a notary, file it with the Jefferson County Auditor, and provide Public Works with a copy of the recorded document. 5. The applicant shall register with the Olympic Region Clean Air Agency (ORCAA) as a stationary source of air pollution. 6. Additional ORCAA conditions (generator?) The applicant shall register and submit a notice of construction inspection with ORCAA, prior to commencing project operations if a generator will be used in conjunction with the project. 7. The processing operation of the recreational marijuana shall be operated by at least one full-time, bona fide resident in a single-family residence of the parcel on which the proposed use is being requested. 8. The processing operation of the recreational marijuana cottage industry may not employ more than four employees on the site who reside off the subject property. 9. Only those areas of the proposed greenhouse that have been specifically approved by the county may be utilized in the processing of recreational marijuana. 10. All structures shall be so located or screened from adjacent properties to avoid disturbances through glare, noise, dirt or other nuisances or hazards. 11. All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within the enclosed structure and shall be sufficiently screened from view of adjacent residences. 12. Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district. 13. No expansions of approved cottage industries shall be permitted. The approval of the proposed cottage industry shall only be for what is shown on the revised site plan dated April 20th, 2017. 14. No exterior display of goods for sale shall be allowed. 15. No on-site direct retail sales of products not produced on-site shall be allowed. 16. The cottage enterprise is an accessory use to the residential use of a dwelling unit, and the residential function of the buildings and property shall be maintained. 17. Any new structure constructed to accommodate the cottage industry shall be limited in scale so that it is in character with neighboring properties. The area devoted to the cottage industry and all related activities to processing of recreational marijuana shall be limited to the 1800 square foot area defined on the approved plan set as the “head house”. No activities related to the cottage industry shall take place anywhere else inside the greenhouse structure or on the property. 18. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of the quiet use and enjoyment of adjoining and surrounding property. Any after-hours business activities shall not have noise impacts discernible beyond the property boundaries. 19. Not more than one cottage industry shall be allowed in or on the same premises. 20. The proposed cottage industry shall comply with the standards and requirements of the Jefferson County environmental health department. 21. No recreational marijuana operation may be permitted as a home business. All recreational marijuana activities are subject to the applicable requirements of Chapters 18.20 and 18.30 JCC. 22. All recreational marijuana activities shall have Type “A” landscape screening from adjacent parcels, per JCC 18.30.130, development standards. 23. All recreational marijuana structures and activities in agriculture, commercial forest, rural forest, rural commercial or rural residential zone that abut residential zoned land shall be a minimum 25 feet setback from all property lines including front road setbacks. Setback requirements for other zone combinations are as stated in JCC 18.30.050, development standards, Table 6-1, Density, Dimension and Open Space Standards. In the event of conflict, the more restrictive measures shall apply. 24. Any security cameras proposed for a recreational marijuana facility shall be positioned so as to not intrude on the privacy of adjacent parcels. 25. Any fence eight feet or taller shall be located a minimum 25 feet from all parcel property lines. 26. Recreational marijuana activities and facilities shall comply with all applicable standards of JCC Title 18 including but not limited to development standards in Chapter 18.30 JCC, performance and use-specific standards in Chapter 18.20 JCC including JCC 18.20.010, General provisions, JCC 18.20.020, Accessory uses and structures, JCC 18.20.030, Agricultural activities and accessory uses, JCC 18.20.140, Commercial uses – Standards for site development, JCC 18.20.170, Cottage industry, and JCC 18.20.220, Industrial uses – Standards for site development. 27. All recreational marijuana licensees shall provide to the department of community development and environmental health a copy of all operations plans as submitted to the Washington State Liquor Control Board, including details of any chemicals, processes, extraction methods, waste handling procedures and safety measures planned for their operations. [Ord. 4-15 § 5 (Att. D)] 28. Landscaping or screening shall be provided for all multifamily residential, commercial and industrial land uses, small-scale recreational and tourist uses, and as required in other sections of this code, except that landscaping will not be required of industrial uses within the resource-based industrial district when the development is sufficiently screened from public view. 29. Screen-A” landscaping: (i) Is a “full screen” that functions as a visual barrier. This landscaping is typically found between residential and nonresidential areas; (ii) Shall at a minimum consist of: (A) A mix of primarily evergreen trees and shrubs generally interspersed to form a continuous year-round screen that grows to at least eight feet in height within two growing seasons. 30. The applicant shall provide Type A full landscape screening from adjacent parcels in accordance with the landscape plan that was submitted to and approved by the Department of Community Development. 31. The required landscaping shall be installed prior to project occupancy. 32. All landscaping and necessary support systems shall be maintained for the life of the project. 33. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition. 34. All Landscape areas shall be kept free of trash. 35. Exterior lighting shall not exceed 30 feet in height from the finished grade for commercial and industrial uses, and 20 feet for residential uses (except when such lighting is an integral part of the building). Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel. Exterior lighting shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Any lighting installed in parking areas shall be of direct cutoff design so that the source is not visible from adjacent property. 36. The intensity of sound emitted shall not exceed levels established by the Washington State Department of Ecology under Chapter 173-60 WAC, and by Jefferson County under Resolution No. 67-85, “Establishment of Environmental Designations for Noise Abatement Areas for Jefferson County.” [Ord. 8-06 § 1] 37. No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective. 38. A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit) of the permit unless the permit approval provides for a greater period of time. 39. Extensions to the duration of the original permit approval are prohibited. 40. The department of community development shall not be responsible for notifying the applicant of an impending expiration. 41. The county may modify an approved conditional use permit as follows: the county may delete, modify or impose additional conditions upon finding that the use for which the approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses. A modification will be processed as a Type II land use decision pursuant to JCC 18.40.270. 42. The county may suspend or revoke an approved conditional use permit pursuant to Chapter 18.50 JCC upon finding that: (1) The use for which the approval was granted has been abandoned for a period of at least one year; (2) Approval of the permit was obtained by misrepresentation of material fact; or (3) The permit is being exercised contrary to the terms of approval.