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HomeMy WebLinkAbout034 Staff ReportEv <'[ JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98358 360-379-4450 | email: dcd@co.jefferson.wa.us http://www.co.jefferson. w a.us I 260 I Com mu n ity-Development DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE JEFFERSON COUNTY HEARINGS EXAMINER Type III Conditional Use Permit (CUP)Re File No.: Applicant ) ) ) ) ) ) PROPOSED FINDINGS CONCLUSIONS, AND RECOMMENDATIONS MLAI 8-000r02 - zoNl 8-00039 Tracy Williamson SUMMARY APPLICATION AND RECOMMENDATION Date of Application: Jefferson County Department of Community Development (DCD) received the application on November 24,2018, and deemed it substantially complete on March 4,2019. Proposal: Conditional Unit Permit for a cottage industry to produce and process cannabis in a Rural Residential l:20 zoned 5.48 acre parcel under State License Number 416544. The project proposed 10,840 square feet, which includes two (2) 5,000 square foot buildings (100 x 50 feet) and one (l) 840 square foot (14 x 60 feet) maintenance building. 2,000 square feet will be used for processing cannabis and 8,000 square feet used for production. Background Summary: The proposed cannabis production/processing facility is a relocation of an existing family owned and operated cannabis production facility sited in the Glen Cove Industrial Area of East Jefferson County. The required pre-application conference (PRE18-00029) was held on November 1, 2018 (Exhibit 1). This application was for a Type II Discretionary Conditional Use Permit; however, on April 30, 2019, the Unified Development Code (UDC) Administrator determined this application shall be processed as a Type III Conditional Use Permit under JCC 18.40.530(2) with a public hearing and decision by the Jefferson County Hearing Examiner. Legal Description and Project Location: Parcel number 601-105-013 in Section 10, Township 26N, Range lW, WM, Woodway Large Lot Subdivision Lot 3, located at 9790 Coyle Road, Quilcene, WA 98376 Recommendation: Approval with conditions MLAI 8-00102/zoN I 8-00039 Will iamson Cannabis Production Page I of 19 BACKGROUND INFORMATION Applicants/Owner: Tracy Williamson 2005 NW Peterson Road Poulsbo, WA 98370 Site Conditions: The parcel is approximately 5.48 acres in size. There is an existing driveway and cleared area of approximately one acre on the eastern portion of the parcel. The cleared area will be used for a single-family residence and the proposed cottage industry. The single-family residence is currently under construction and permitted under BLD19-00069. The site is flat and slopes gently toward the west, with most of the parcel to remain as existing native vegetation and trees. The parcel is zoned Rural Residential 1:20 (RR-20), with surrounding parcels also zoned RR-20, except for the parcel to the west and north, which are zoned Commercial Forest 80 (CF-80), Rural Forest 40 (RF-40), or Inholding Forest 20 (lF-20) (see map on next page). Comprehensive Plan Designation z The Jffirson County Comprehensive Plan (adopted August 28, 1998) designates the subject parcels RR-20. MLAI 8-00r 02/zoN l 8-00039 Williamson Cannabis Production Parcel 601105013 1 1.511 ffi Dab 11/l/t2019 Page 2 of 19 Fi ootozote 6011 01 004 601't 0t0(B 501 t04003 601101003 601 1050'14 5011 05001 a 001't 05013 60 11 05002 60 t105012 60 tl 05003 60'r 105004 601105011 $ 60'tl 040@ wlhoul ml Enarly to ther or ihestor RF-{O E3ri CBi.G&. Gdre. &rFrw cqrrptiB, Ctl€S'AitsE lFeGlS Urs h@ntr. Jd*mC&nU !r4, BcW6t aff{ FF.O FR-20 Zoning Map 1t514 OaE 12t1WO19 ' S{S' baes. wthout ofany ttpe or atrpae4 mt tdned lo ary retraniy lo ttler pedommg alxny. o, fitl3s for State Environmental Policy Act (SEPA) Review: The project is categorically exempt from SEPA review under WAC 197-11-800(lXbXiiD and JCC 18.40.750(1)(c) (flexible minor construction exemption), as the buildings are agricultural and under 30,000 square feet. Alternatively, this project is exempt under WAC 197-l l-800(l)(d) and JCC 18.40.750(1Xd) if any part of the application is interpreted to be a commercial use. As construction of the buildings are exempt, the land use action is exempt under WAC 197-l 1-800(6)(a). Critical Areas: There are no mapped or observed critical areas on-site. Procedural Information: ' Notice of Application mailed to adjacent property owners and agencies: March 12,2019 (Exhibit 8). Posting of Notice on-site by Staff: March 12,2019 (Exhibit 9). Publication of Legal Notices: March 13,2019 (Port Townsend-Jefferson County Leader)I Written comment period was open for 14 calendar days from March 13,2019 until March 27, 2019 at 4:30pm. MLA I 8-00 102/ZON I 8-00039 Williamson Cannabis Production Page 3 of 19 RR.2O F -40 6011050r4 Gr'co iilrr'FrE nnr0 N I I Comments: The Notice of application was mailed to adjacent property owners within 300 feet of the subject parcel. Staff requested review and comments on the application from the following agencies: The Jefferson County DCD received the following from these agencies: One (l) comment from the Environmental Health noting inconsistencies between the state license and the applicant's County proposal (Exhibit 23). The applicant responded to Environmental Health's comment by noting that they will not be using a hydroponic system, that they will not be using solvents, and that they will not create extracts, bubble hash, oils or other infused products. DCD recommends that the applicant's response be adopted as a condition of approval. Environmental Health notes that the site has an approved septic system permit under SEP19-00044 (Exhibit 23). Environmental Health recommended several conditions of approval, which are outlined in Recommended Conditions of Approval. DCD concurs with Environmental Health's comment and recommended conditions of approval. DCD received twenty-four (24) written public comments from adjacent property owners and the public (Exhibit 10). Below is a summary of the comments and a brief response: Jefferson County PUD #l Jefferson County Environmental Health Jefferson County Public Works ' Jefferson County Fire District #2. Jefferson County Assessor. Jefferson County Sheriff MLAI 8-00lozzoN I 8-00039 Williamson Cannabis Production Area of Concern Nature of Concern Response Water Usage The project will draw down the aquifer and impact wells in the area Plants will be watered by hand to conserye water. An engineered water catchment system will be used to offset well use. Estimated use is approximately 200 gallons per day (gpd) for cannabis production. Average single-family homes use approximately 300 to 400 gpd. A meter will be placed on the well as a condition of approval for BLDl 9-00069 (single-family residence) to monitor use as required by Ecolory's WRIA 17 instream flow rules that limits use to 5,000 gallons per day. The 5k gallons per day maximum is enforced by the Dept. of Ecology. Property Values The property value ofadjacent properties will go down because people will not want to buy a property next to a cannabis facility The County's conditional use approval criteria does not expressly take impacts to nearby property values into consideration. However, the applicant cited a study (Exhibit 30, Marijuana and Real Estate: A Budding Issue, I ll20l8) produced by the National Association of Realtors that found there was little to no negative effect on properry value from cannabis businesses. Staffresearch into the subject (Exhibits 32, New Study: How Legalizing Recreational Marijuana Impacts Home Values, and Exhibit 28, The Budding Impact on Page 4 of 19 Marijuana on Real Estate) are consistent with the conclusion that properfy values have not significantly decreased, and actually increased in some cases in relation to the cannabis industry. Violation of Code Illegal under federal law The County's conditional use approval criteria does not require compliance with federal laws. In December 2018, JCC 18.40.530(9) was amended removing compliance with federal laws. Violation of Subdivision Covenants The project is not allowed under the subdivision covenants The County does not enforce subdivision or homeowners' association's covenants, conditions & restrictions (CC&Rs). The applicant addresses the covenants on page l3 of Exhibit 14. Increased Crime The project will affract thieves to the site and cause property crime Similar to concerns on property value above, the research cited on that issue also indicates no definitive correlation between legalized cannabis and increase in property crime. No statistics or data was available from the Jefferson County Sheriff s office. Comments relating to the increased crime are generalized and unsupported by any specific data or findings and therefore this should not be considered in the analysis of the application unless articulable concems are probably raised Noise The project will create nuisance noise from the fans in the buildings The County's conditional use approval criteria require that the project will not introduce norse, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impqcts existing uses in the vicinity of the subject porcel. A further discussion of compliance with this criterion may be found below in staff findings. The applicant's noise study is Exhibit 19. Odor The project will produce odors The County's conditional use approval criteria require that the project will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or wltich unreasonably impacts existing uses in the vicinity ofthe subject parcel. A fu(her discussion of compliance with this criterion may be found below in staff findings. The applicant's odor mitigation and management plan is Exhibit 15. Out of character with the neighborhood and rural area The project is an industrial development and does not fit in with the rural character of the neighborhood Cannabis grow and processing facilities are an agricultural use under Jefferson County regulations. This facility is not industrial. The proposal includes an interior screened cleared area of approximately 30,000 square MLAI 8-00102/zoNl8-00039 Williamson Cannabis Production Page 5 of 19 feet, or less than one acre. This scale of development is consistent with and even less than other parcels in the vicinity (see page 9 for a more detailed analysis) The scale of the buildings is consistent with rural and agricultural structures, also known as barns. The site will be screened from the road and adiacent properties. Traffic The project will lead to more traffic on Coyle road Cottage Industry standards limits this use to four employees on-site who reside off the property. No on-site sales will occur and no retail customers will be coming to the site. In consultation with the Public Works Department, the expected level of traffic to the site would not generate significant traffic in excess of that normally generated in the area. Light Pollution The grow lights will cause pollution Light pollution will not occur since the buildings are steel and will not allow light to escape. Exterior lighting will be pointed down in compliance with JCC 18.30.140 Aquifer Contamination - Wastewater The aquifer will be contaminated with fertilizer and other chemicals used in production and processing The applicant's proposed water conservation measures will ensure minimum wastewater (Exhibit l4 page 6) and the applicant has committed to using only domestic strength, environmentally friendly cleaners approved under the Denver Best Management Practices for Wastewater. The applicant has committed to using no hazardous chemicals or solvents. No industrial wastewater may be generated or discharged to the approved septic system sEPl 9-00044 (Exhibit 23). Forest Practices The project needs a permit from DNR to convert to another use from forestry The amount of clearing for the project and residence does not exceed the 2-acre minimum threshold required for a Forest Practice harvest/conversion permit. Radio Frequency Radiation The project will emit Radiofrequency electromagnetic radiation (EMR) that will interfere with HAM radio operations. The lighting ballasts that generate EMR will be inside a steel building that will prevent the release of EMR to the surrounding area. The County does not regulate EMR. REVIEW CRITERIA State and Local Approvals and Permits Required:. Washington State Liquor and Cannabis Control Board License Number 416544. Jefferson County Department of Community Development Type III Conditional Use Permit MLAI 8-00lozzoN l 8-00039 Williamson Cannabis Production Page 6 of 19 Applicable Ordinances and Plans:. Jefferson County Comprehensive Plan;. Jefferson County Code (JCC), JCC Title 18, Unified Development Code (UDC); and, ' Jefferson County Code (JCC), JCC Title 15, Buildings and Construction. STAFF FINDINGS The following presents staff findings regarding consistency of the application with the Jefferson County Comprehensive Plan (Comp Plan) and the Jefferson County Code (JCC). Based on the findings presented below, recommended staff conditions are included at the end of this staffreport. Jefferson Countv Code: The proposal is subject to all applicable sections of the Jefferson County Code. Jefferson County Code 18.40.530(1) Conditional Use Permit Approval Criteria. The County may approve or approve with modifications an application for a conditional use permit (i.e., uses listed in Table 3-l in JCC 18.15.040 as "C(a)," "C(d)" or "C") only if all of the following criteria are satisfied (emphasis added): (a) The conditional use is harmonious and aopropriate in desierr. character and appearance with the existine or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject properU; The proposal is for a small-scale "cottage industry" type of business compatible with rural character because by definition a cottage industry, "is a limited, small-scale commercial or industrial activity, including fabrication, with limited retail sales, that can be conducted without substantial adverse impact on the residential character in the vicinity." (JCC 1 8. 10.040 C definitions). The cottage industry regulations were designed and adopted to comply with the Comprehensive Plan in terms of rural character. 5k square foot buildings as proposed in the rural area are not uncommon since they are used to store livestock, farm equipment, and garages. Referring to the aerial photo below, note that the parcel directly across Coyle Road to the East (293 Blueberry Hill Drive) has a cleared area within its interior at approximately 50,000 square feet (1.25 acres), more area than the proposal, which is estimated at 30k square feet, or less than one acre. The applicant's parcel (yellow outline) shows the area of development clearing for contrast, minus the home site. Although the building size in square footage is less (approximately 3,600 square feet) at the 293 Blueberry Hill Dr. site, the project's buildings at 5k square feet each (2), will be sufficiently screened from view from the road and adjacent properties. ML At 8 -00 t02l zoN I 8-00039 Williamson Cannabis Production Page 7 of 19 Vicinity Development This is consistent with development in the vicinity of the project, and in fact, some parcels have more clearing and outbuildings for agriculture (see photo below). For additional contrast, see the aerial map below of the Pen Air LLC cannabis facility at 4429 Coyle Road (approved under conditional use permit MLA 16-0001 7), with building sizes exceeding I 8,000 square feet with minimal screening from the road. MLA l 8-00 r 02/zoN l 8-00039 Williamson Cannabis Production Page 8 of 19 o 3o i ELJ \ I [; 0 too 200 30011 v'. L^I tl ) 5 2 u \ *-: .a ! ..,44 k=-:+f, I t i -lr-t^r . *:,'id; Pen Air LLC 4429 Coyle Road On October 24,2078, the Jefferson County Hearing Examiner approved application MLAIT-00055 for cannabis production and processing on a 2.46 acre parcel in a Rural Residential 1:5 zone; a higher density than the subject project site (see map below) The standards that applied to approval of MLA I 7-00055, especially for noise and odor, which are closely associated with a fully enclosed, near air tight steel structure, will be the same for the subject project. That project used steel shipping containers in combinations to approximate the steel buildings that will be used ML At 8 -00 t02t zoN I 8-00039 Williamson Cannabis Production MLA17-00055 Page 9 of 19 70115&0t io11!aAi- f4 h 70115401 @00@Ea Irt t I 001!2loal ,)/ o01t2:iAe 001J21095 t it ilriFrT,:r AIE IE H I*'i a-':l o0132420 :.i \if:o IH t- 3I in the subject project. The Hearing Examiner found that the proposal was, "harmonious and appropriate with the design, character, appearance, and quality of development in the vicinity. The structures will have a low profile and will be virtually invisible from abutting parcels." With the naturally vegetated 25-foot building buffer along the adjacent property line to the south and north, the 43foot open space buffer along Coyle Road, the 250-foot building setback from the rear property line, and the proposed scale of development, the applicant has demonstrated that their proposal is consistent and harmonious with the appearance and character of development in the vicinity The proposal meets this criterion. (b) The conditional use will be served by adequate infrastructure including roads. fire protection. water. wastewater disposal. and stormwater control; The relevant County departments have reviewed the application and found that the application meets required substantive standards under this criterion. Roads: Public Works has approved a County road approach permit under RAPl7-00023 for the connection to Coyle Road. Public Works has analyzed the additional trips that will result from this development and have determined that the level of traffic proposed will not impact the level of service on Coyle Road, and therefore would not require improvements to the Road to mitigate impacts. The road approach permit will be reviewed again at time of permit application for the production/processing buildings, to determine of additional requirements are necessary. Fire Protection: The Quilcene Fire Rescue - Jefferson County Fire District #2 provides fire protection to the site. The Notice of Application was mailed to the Fire District on March 12, 2019. DCD received no written or verbal comments. Staff followed up with Deputy Chief Svetich who noted that Quilcene is a staffed station with a fire response to that area of about 15 to 18 minutes. Other comments included: ensure adequate access for fire apparatus to all buildings on the compound; look at adding an exterior water hook up for the interior sprinkler system (if required) in each building for the fire Department; ensure chemical storage areas are clearly identified in the interior of the buildings or have a purpose built outbuilding for chemical storage; if possible, have one location for main power shutoffs for all buildings; have them clearly identified in good areas of access for each building. These comments will be noted during building permit application fire review. In addition, the applicant is required to have security and fire alarm systems installed as part of their State License and insurance. Based upon these comments, staff has determined the project will have adequate fire and emergency protection. Water: Water use has been reviewed and approved by the environmental health department. Potable water is served by a private individual well drilled under USRI8-50. Irrigation will be a combination of the well and roof water collection. Well use is limited by the Coastal Management area regulated under the Water Resources Inventory Area (WRIA) 17 instream flow rule to no more than 5,000 gallon per day and the installation of a source flow meter meeting the requirements specified by Ecology. Water usage shall be monitored monthly, with results submitted to the Jefferson County Health Department no less than once a quarter. In addition, Environmental Health conditions of approval at the end of this report. Wastewater: Wastewater use has been reviewed by the environmental health department. The on-site septic system (SEPl9-00044) as approved is designed and sized for the Single Family Residence (BLSl9- 00069) and for hook-up the cannabis production building (bathroom and wash basin) and limited to 240 gallons a day. Any wastewater generated by the glowing or processing of Marijuana shall not be disposed of into the onsite septic system. Water conservation methods such are hand watering, and water recycling MLA l 8-00 102/zoN l 8-00039 Williamson Cannabis Production Page l0 of 19 ensure that there is a minimum of wastewater generated. The septic system will be reviewed again upon building permit application to insure compliance with these conditions, and that no floor drains will be installed in the buildings. Stormwater Control: An engineered stormwater system to include rainwater catchment will be required at time of building permit application. The system will be reviewed and approved by the Public Works Department consistent with the Western WA Storm Water manual. The proposal meets this criterion. (c) The conditional use will not be materially detrimental to uses or property in the vicinitv of the subject parcel. The primary use of property in the vicinity is residential, with the exception of the Forest zoned property to the west. There is an expectation that owners of residential property have a right to the peaceful enjoyment of their property, especially since they use their property for living and sleeping. Therefore, any impact from neighboring property that could affect that use could be considered materially detrimental. The proposed use of the subject property is also residential, as well as for the production of cannabis. Based upon prior permitting of cannabis production in Jefferson County, likely impacts to residential use from cannabis production and processing are primarily noise and odor, with visual impacts such as light and bulk from structures that are not screened from view. Under the current proposal, all work related to the cannabis operation will be conducted inside steel structures and screened from view. The steel structures will also contain any light, noise and odors generated by the production and processing ofcannabis. A noise study and odor management plan have been produced to confirm this. In addition, materially detrimental impacts to adjacent properties related to cannabis production could include excessive well water use (draw down of the aquifer), stormwater run-off and environmental contamination from chemical use or wastewater. The applicant has addressed these potential impacts by proposing water conservation measures, including hand-watering, an engineered stormwater catchment system to capture rain water for re-use, and best management practices for wastewater that include only environmentally safe products. Based upon these measures, the applicant has demonstrated that the proposal will not be materially detrimental to residential and commercial forest uses or property and land in the vicinity, and therefore, the proposal meets this criterion. (d) The conditional use will not introduce noise. smoke. dust. fumes. vibrations. odors. or other conditions or which unreasonably impgrct existing uses in the vicinity of the subject parcel; DCD has reviewed the application and supporting technical studies and concludes that the proposal will not introduce unreasonable noise, smoke, dust, fumes, vibrations, odors, other conditions or which unreasonably impacts existing uses in the vicinity of the subject parcel. Noise: The applicant has submitted a noise study (Exhibit l9) to support their proposal. The noise study evaluates the sound levels associated with the building fans used in the buildings of the facility, includes a discussion of applicable regulatory criteri4 metrsures ambient sound levels, predicts sound levels at adjacent property lines, and assesses compliance with codified sound level limits. The study concludes that the "sound generated by the proposed mechanical system is predicted to be within the maximum sound levels set forth in the Washington Administrative Code at all receiving properties," and that "no noise mitigation is required." However, the study is based upon a computer noise model based on sound data downloaded from the manufacturer's website, and therefore, staffrecommends as a condition of MLAtS-o0t02tzoN I 8-00039 Williamson Cannabis Production Page ll of19 approval, a post-installation noise study to determine if actual sound levels are reasonable, or whether mitigation will be required. Smoke: No smoke will be generated as part of the production or processing operation. No plant waste will be bumed, but will be disposed of under State guidelines and Health Department conditions of approval. Dust: Any dust generated by operations will be contained within the steel structures and removed by the filtration system before discharge from the building to the outside atmosphere. Fumes: The applicant will not be extracting THC to produce infused products and will not be using fume- creating solvents as part ofprocessing. Therefore, no fumes will be generated as part ofthe production or processing operations. Any fumes generated from non-production/processing activities will be contained within the steel structures and filtered before discharge from the buildings. Odors: The applicant has submitted an Odor Mitigation and Management Plan (Exhibit 15) to address the treatment ofodors and support their proposal. The objective ofthe engineered plan is to contain and eliminate odors within the steel structures, by first ensuring the buildings are air tight and negatively pressurized in order to prevent odors from escaping. Next, all air will be filtered through a series and system of filters, including Granular Activated Carbon filters before it is discharged to the outdoor atmosphere. Monitoring and maintenance of the filter system is critical, and will been done on a daily basis, with filter replacement per manufacturers specifications or as needed. The plan includes a monitoring and response process to record any odors detected, and when necessary actions to eliminate the odor. The Olympic Regional Clean Air Agency (ORCAA), which regulates air quality, reviewed (Exhibit 16) the odor plan and had these comments: your current Odor Plan incorporates what ORCAA considers Best Available Control Technology (BACT) for controlling odors and, provided adequately operated and maintained, will eliminate nuisance odors. Vibrations: Not equipment will be use that will produce noticeable vibrations. No electricity-producing generators will be installed or used for production or processing. The proposal meets this criterion. (e) The location. size. and heigirt ofbuildings. structures. walls and fences. and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neishboring properties; The buildings will be located 100+ feet from Coyle Road, and 25-feet from the southem property line. The buildings (2) will be 5k square feet each and fourteen (14) feet in height and made of steel. There will be an eight (8) foot high fence between the walkways of the buildings. Twenty-five (25) feet of "Type A" landscape screening, which is a full-screen vegetative screen that acts as visual buffer will be maintained from all property lines. As all proposed development is on-site, is consistent with County code requirements, and provides setbacks, buffers, and screening consistent with or in excess of County requirements the proposal will not interfere with allowed development or use of neighboring properties. (f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity ofthe subject parcel; Due to the remote location of the site, it is unlikely there will be pedestrian traffic, unless it is employees who live nearby, and will walk, or bicycle to the site on a limited basis. Anticipated vehicular traffic will MLAI 8-00102/zoNl 8-00039 Williamson Cannabis Production Page 12of19 be no more than that of surrounding existing residential development (two vehicles on a regular basis). At certain times of the year, there may be up to four (4) more vehicles visiting the site for a limited time during harvest; this is allowed under the cottage industry regulations. The cottage industry will require one on-site parking space per employee, with at least one space dedicated to ADA/trandicapped compliance. Delivery trucks will have adequate room to park, maneuver and exit on-site. The proposal meets this criterion. (g) The conditional use complies with all other apolicable criteria and standards of this title and an), other applicable provisions of the Jefferson County Code or state law: and more specifically. conforms to the standards contained in Chapters 18.20 and 18.30 JCC: Jefferson County Code 18.20.170 Cottage Industry. As presented in the application materials (Exhibit 14 pages 8 & 9), and as conditions of permit approval, the proposal meets all applicable requirements under this code section, including: (a) Luke Williamson as the Bona Fide Resident (b) Limited to four (4) employees (c) Requires building permits for structures (d) Adequate on-site parking (e) All structures and outside activities shall be screened from adjacent properties (0 All activities of the business shall be conducted within enclosed structures (g) Type A landscape screening (h) Traffic shall not exceed level of service (i) No drive-thru service 0) No business on-site customer service allowed (not retail sales) (k) See conditions ofapproval for additional conditions (l) The granting of a Cottage Industry permit shall not constitute a re-zone (m) No exterior display of goods for sale allowed (n) Cottage Industry is an accessory to the residential use, and the residential use shall be maintained (o) No more than 5k square feet of building area shall be devoted to the Cottage Industry. Only 2k square feet will be devoted to processing which requires the Cottage Industry standards. Also see code section 18.20.295 below for additional square footage allowance for production. (p) No signs proposed (q) No on-site direct sales of products (r) Exceeds minimum parcel size by 4.48 acres (s) After hours business activities shall not have noise impacts discernable beyond the property boundaries MLAI 8-00 lozzoN l 8-00039 Williamson Cannabis Production Page l3 of 19 (t) No more that one cottage industry per parcel allowed (u) Shall comply with Environmental Health standards Jefferson County Code 18.20.295 Recreational Marijuana/Cannabis. The applicant is proposing cannabis production ofeight thousand (8,000) square feet, and cannabis processing oftwo thousand (2,000) square feet for a total often thousand (10,000) square feet ofgross floor area as permitted under JCC 18.20.295(4)(c), which states, "(c) Processing in the forest and rural residential zoning districts is allowed subject to a conditional discretionary (C(d)) use permit per JCC 18.20.170, cottage industry standards, and as consistent with this section, recreational marijuana. In addition to the maximum structure size of 5,000 square feet for a processing structure authorized as a cottage industry per JCC 1 8.20. I 70(4)(o) for cottage industry, an additional growing structure(s) such as greenhouses may be allowed up to the size limits per parcel size and structure size for producing only per subsection (a)(a)(i) of this section." Subsection (a)(a)(i) states, "(4) The following standards shall apply for all recreational marijuana activities: (a) Producing in the forest resource lands and rural residential zones is allowed as a conditional discretionary (C(d)) use subject to the recreational marijuana standards and structure size limitation: (i) Permanent and temporary growing structures on rural residential lands RR l:5, RR 1 :10 and RR 1 :20 and forest resource lands shall meet the following standards in addition to all other applicable sections of the Jefferson County Code: (B) Rural Residential 1:10 and I :20 and forest resource lands CF-80, RF-40, IF - Temporary or Permanent Growing Structure Size. The allowed structure size is a total combination of square footage ofgross floor area for all growing structures. (l) Five percent ofgross parcel size in square feet, up to a maximum of 21,780 square feet gross floor area." Total parcel sizeis238,709 square feet. Eight thousand square feet ofproduction area is 3.35% ofthe total parcel area in squure feet, and under the maximum 5%o and/or 21,780 square feet allowed. Other applicable sections of 18.20.295(4): (e) The operation is not being permitted as a home business (f) No productions or operations will take place outdoors. (g) Twenty five (25) feet of Type A screening will be required from adjacent properties (h) The proposal shall meet the minimum twenty five (25) foot setback from all property lines. (i) Security apparatus such as cameras required by the State shall not positioned toward adjacent properties. (k) The proposal shall comply with allapplicable sections of JCC 18.20 and 18.30. (l) the applicant submitted a copy of the operations plan under State license 416544. Note that what is permitted under the State License is not necessarily consistent with what Jefferson County would be approving. For example, processing activities for extraction of THC and THC infused products is not being approved under this permit. Applicable code sections under JCC 18.20 & 18.30: 18.20.020 Accessory uses and structures. The proposed production and processing buildings are secondary to, supportive of, and compatible to the principal or permissibly principal use of a single-family residence. MLA r 8-00lozzoN l8-00039 Williamson Cannabis Production Page 14 of 19 18.20.030 Agricultural activities and accessory uses. (2) Agricultural Activities (a). Agricultural activities related to marijuana producing, processing and retail are subject to this section and JCC 18.20.295 for recreational marijuana. See the section above on compliance with JCC 18.20.295. 18.20.140 Commercial uses - Standards for site development. (2) Commercial Development in Rural Designations. The proposed use will result in minimal additional demands on services and utilities available in rural areas and will not result in more than a minimal and manageable increase in demand on community water supplies, sewage disposal systems, or roads (see criteria (b) above). 18.20.220lndustrial uses - Standards for site development. The proposal is compliant all requirements of the code section, which have been addressed in other code sections such as JCC 18.20.170 Coffage Industry. Chapter 1 8.30 Development Standards The proposal is compliant with all applicable sections of 18.30 including: Water, Sewage, Density, and Landscaping/screening and Noise. Grading, Stormwater Management (engineered plan required), Parking and Lighting (exterior building) will be reviewed upon application of the building permits, since they are building development specific and must be found code compliant during the building permit review and before building permits can be issued. As presented in the application materials, and as conditions of permit approval, the proposal meets all applicable requirements under this code section. (h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield. The proposal is not in the vicinity of, or incompatible with an airport or airfield. (i) The conditional use will not cause sigrrificant adverse impacts on the human or natural environments that cannot be mitisated though conditions of approval. There are no mapped or observed critical areas on-site or in the area that would require mitigation. Staff determined that the project is exempt from SEPA review, and through consultation with ORCAA that the project did not require registration or a license goveming air emissions that would require review under SEPA. Environmental Health reviewed the proposal and recommended conditions of approval specific to hazardous and solid waste. Those conditions focused on waste disposal of liquids and solids used in the processing of cannabis, and disposal of waste from the cannabis plant itself after it has been harvested. In both cases, the applicant is responsible for compliance with State standards for disposal, and the State Liquor and Cannabis Control Board (LCCB) is responsible for the inspection and enforcement of these standards. In addition, only fertilizers and pesticides approved by the LCCB may be used in operations. The recommended conditions of approval relating to the handling of hazardous and solid waste ensure compliance with this criterion. If these conditions of approval are incorporated into an approval by the Hearing Examiner and the applicant or future operator violates these conditions the permit may be suspended or revoked under JCC 1 8.40.590. MLAI 8-00 to2lzoN l 8-00039 Williamson Cannabis Production Page l5 of 19 The applicant is proposing and committed to using only organic or environmentally friendly products that are not hazardous or that would produce dangerous waste that could contaminate the environment, and comply with the listed products issued by the State LCCB. The proposal meets this criterion. O The conditional use has merit and value for the community as a whole; The proposed conditional use will implement l-502, acitizen-approved ballot measure which passed by 65% of the citizens of Jefferson County, and provide additional economic and employment opportunities for Jefferson County citizens, while producing and providing product that is in demand in Jefferson County and the State of Washington. The proposal also has merit and value for the community by supporting the Comprehensive Plan Goals and Policies (see below) that the citizens of Jefferson County have adopted as their own. The proposal meets this criterion. (k) The conditional use is consistent with all relevant goals and policies of the Jefferson CounU Comprehensive Plan: and The proposal is subject to all applicable sections of the Jefferson County Comprehensive Plan. The following Comp Plan goals and policies are applicable to the subject application for a cottage industry conditional use permit: Framework Goal I Preserving Rural Character "Conserve Jefferson County's functioning rural way of life, agricultural and forest working lands, shoreline and mountain vistas, and natural ecosystems, not just to be preserved to provide scenery, but to be preserved as a living, working, and sustaining rural landscape with which the community has a living/working relationship." Rural Character is not exclusively about residential use and development. It is about preserving a way of life where people have a right to "work" and use the land to provide a living for themselves and their families. This is exactly what the applicant is doing. Framework Goal III Enhancement of the Rural Economy "Grow a robust economy with living wage jobs based on resource lands, manufacturing, tourist and recreation-oriented services, and evolving technologies that allows our communities to thrive; through a concept of a sustainable rural economy -benefiting the county's clean environment, and benefiting from the county's clean environment." It is critically important that property owners be encouraged and allowed to create jobs to grow and support a rural economy as long as they are compatible with sustaining a clean environment and don't conflict with other allowed uses. Goal LU-G-27 Foster home-based businesses or coffage industries in order to provide economic and employment opportunities outside of Rural Commercial zones. Policy LU-P-27.3. Coftage industries are an accessory use to the primary residential use and shall be operated by the owner or lessee of the property, who shall reside either within a single-family dwelling or an accessory dwelling unit, subject to conditional use permit review procedures. (l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area. ML At I -00 tlazoN I 8-00039 Williamson Cannabis Production Page 16 of 19 The proposal has been reviewed against all relevant codes and regulations including development and performance standards for Recreational Marijuana and Cottage Industries, as well as Conditional Use criteria, and Public Environmental Health regulations. These regulations are designed to ensure there is no substantial detrimental effect from the project on adjacent properties, services, or the public in general. The Conditional Use criteria are specifically designed to prevent a negative adverse impact to neighboring uses and property, due to size, scale, environmental impacts such as noise and odor, but also that the project will have a positive or beneficial impact to the County as well. The applicant has satisfied or met all relevant codes to the extent possible without building permits, in order to warrant approval of the conditional use permit. With compliance to the codes, and conditions of approval listed below, staff is confident that the public interest will suffer no detrimental effect, but instead the County will be well served overall by the project, and be practically undetectable from the road and adjacent properties. With the exception of the Pen Air LLC facility at4429 Coyle Road, which has already been reviewed under County code and permitted with a conditional use permit (MLA l6-0001 7), the proposal will be the only cannabis production/processing facility in the area, and therefore, the cumulative effect is minimal. Similar actions or proposals in the area will be required to undergo the same level of review, and their effect on cumulative impacts determined as a result of that review, at that time. STAFF RECOMMENDATION Staffrecommends approval of the Type III Conditional "C" IJse permit for a Cottage Industry to produce and process cannabis under State License Number 416544, subject to the following conditions of approval: RECOMMENDED CONDITIONS OF APPROVAL The applicant shall comply with the operations plans as submitted to the Washington State Liquor Control Board. The applicant shall obtain approved building permits to include Fire Code review and an engineered stormwater plan reviewed by the Public Work Department for the construction of the proposed steel structures that is consistent with any CUP conditions of approval, and shall ensure that stormwater BMPs are in place before any construction activities take place. Public Health - Solid Waste specific condition. WAC 314-55-097 Marijuana Waste Disposal - Liquids and Solids. Wastes from the production and processing of marijuana plants must be evaluated against the state's dangerous waste regulations (chapter 173-303 WAC) to determine if those wastes designate as dangerous waste. It is the responsibility of each waste generator to properly evaluate their waste to determine if it is a dangerous waste. If a generator's waste does designate as a dangerous waste, then that waste(s) is subject to the applicable management standards found in chapter 173-303 WAC. (a) Wastes that must be evaluated against the dangerous waste regulations include, but are not limited to, the following: (i) Waste from marijuana flowers, trim and solid plant material used to create an extract (per WAC 314-55-104). (ii) Waste solvents used in the marijuana process (per WAC 3 l4-55- I 04). (iii) Discarded plant waste, spent solvents and laboratory wastes from any marijuana processing or quality assurance testing. (iv) Marijuana extract that fails to meet quality testing. Public Health - Solid Waste specific condition. Plant wastes: All parts of the cannabis plants (including root balls, planting medium, stems, branches, leaves, trim, etc.) that contain less than l0% THC may be disposed pursuant to WAC 314-55-097, and after providing the WSLCB traceability system 72-how notice, as either compostable waste or non-compostable waste: 1) Compostable Waste: dispose by grinding the cannabis plant waste 50/50 by volume with non-cannabis compostable waste, e.9., food waste or yard waste and then disposing at a permitted solid waste ML Al 8-00 t 0u zoN l 8-0003 9 Williamson Cannabis Production 2. 3 4. Page l7 of19 facility for composting. Additionally, other organic waste methods (for example, anaerobic digestion) may allow the following types of waste materials to be mixed with the cannabis plant waste: food waste, yard waste, and vegetable-based grease or oils. Check with the solid waste section ofthe local health jurisdiction for approved facilities. OR 2) Non-compostable Waste: Dispose by grinding the cannabis plant waste 50/50 by volume with non-cannabis waste, e.g., paper, plastic, and dispose to a permitted solid waste facility for final disposition, including landfills, permitted incinerators or other facilities with prior local health approval. Check with the solid waste section of the local health jurisdiction for approved facilities. If cannabis waste (i.e., cannabis extraction pulp) was processed using steam, ice water, or carbon dioxide, it may be managed as compostable waste or as solid waste. If the cannabis waste contains l0olo or greater THC, it must be managed as a dangerous waste that is toxic. 5. Potable water is served by a private individual well drilled under USRI8-50. Irrigation will be a combination of the well and roof water collection. Well use is limited by the Coastal Management area regulated under the Water Resources Inventory Area (WRIA) 17 instream flow rule to no more than 5,000 gallon per day and the installation of a source flow meter meeting the requirements specified by Ecolory. 6. The use of hydroponic or water based growing media is not approved, as the septic system is approved based upon the growing operation using soil as the growing medium. 7. This approval limits the grow operation to drying trimming and packaging of marijuana only. No processing ofedibles, use ofsolvents, creation ofextracts, bubble hash, oils or other infused products shall take place on the property, unless Environmental Public Health grants approval of this use. Environmental Public Health may grant permission for processing of edibles at alater date if all requirements are met including septic and water. 8. Per septic permit SEPI9-00044 exceeding the permitted design flow of 320 gallday max. or 480 gaUday average, shall constitute a violation of this permit. Water usage monitoring shall be monitored monthly. These monitoring results shall be submitted to the Jefferson County Health Dept. no less than quarterly. 9. This conditional use permit does not authorize any off-site employees, unless Environmental Public Health reviews and approves both septic system and water system for off-site employees. Off-site employees shall be limited by Environmental Public Health's review and approval, however in no case shall there be more than four (4) off-site employees. 10. The applicant shall comply with all provisions of the submitted Odor Mitigation and Management Plan, including monitoring and maintenance of the systems to immediately address any complaints received, and take action to eliminate the odor. I l. A building fan post-installation noise study shall be conducted and submitted to DCD to determine if actual sound levels are reasonable, or whether mitigation will be required, prior to building occupancy. 12. Any modifications, changes, and/or additions to the stamped, approved site plan dated January 30, 2020 shall be resubmitted for review and approval by Jefferson County Department of Community Development. Proposed changes may require modifications to the conditional use permit. 1 3. Any fence eight feet or taller shall be located a minimum 25 feet inside all parcel property lines, and shall require a building permit. 14. The property shall maintain a 25-foot naturally vegetated Type A buffer on the southem and northem property lines and 250 feet from the westem property line. The property shall maintain a 40-foot naturally vegetated Type A bufler on the eastem property line adjacent to Coyle Rd. The buffers contain septic drainfield and reserve areas, necessary utilities, and approved road connections. Staff will inspect the buffers to determine adequacy prior to final building permit occupancy. If the buffer(s) are determined to be inadequate to meet the Type A definition, the applicant will be required to submit a landscaping planting plan and install additional native vegetation prior to final building occupancy. 15. Any security camerus proposed for a recreational marijuana facility shall be positioned so as to not MLAI 8-00 I OZZON I 8-00039 Williamson Cannabis Production Page l8 of 19 intrude on the privacy of adjacent parcels. 16. This 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. Extensions to the duration of the original permit approval are prohibited. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. Prepared by Associate Planner, David Wayne Johnson, January 2020. MLA I 8-00 102/ZON l 8-00039 Williamson Cannabis Production Page l9 of l9