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Home My WebLink Aboutadmin options Mandy Buchholz From: Doc Hansen Sent: Monday, December 09, 2013 3:29 PM To: Obie OBrien; Paul Jewell; Gary Berndt Cc: Neil Caulkins;Jeff Watson Subject: Thursday Discussion Attachments: Option 1 As Is.docx;Option 2 Agriculture Production Involving Security.docx;Option 3 Agriculture Production Involving Security and ACU.docx; Proposed Resolution for Marijuana Growth and Processing.pdf, doc02116220131209161634.pdf Commissioners; As requested, I am submitting to you three different options for the administration of marijuana proposals for grow and processing. These options are attached being 1)doing nothing, 2) making marijuana growth a conditional use, and 3) allowing a small scale operation to have administrative conditional use. I was looking at more than the three options I have attached, however, after further consideration, I narrowed it to the main items that I heard being expressed. I felt the Commissioners could decide the next course of action with this"boiler plate" outline of the options available. Also attached is the resolution I proposed to you several weeks ago and the Douglas County resolution that I based it upon. I am still strongly of the opinion that it would be in the County's best interest to not address this issue and regard it as an agriculture crop as currently addressed by the zoning code. The reason is simple. The State restrictions are so detailed that it will be expensive and time consuming to enforce. The State Liquor Control Board has been granted ample funds to administer this law. The more we become involved in this through any type of regulation,the more the LCB will want us to enforce it, and the more we as a jurisdiction will be liable for the success or failure. Having worked with State agencies in the past, and the LCB in particular, we will be "encouraged"to enforce our laws which in any way could be interpreted to replace theirs. Also, with the State and Federal governments not agreeing with each other on the direction of marijuana growth and use,we could be jeopardizing any State and Federal funds we may receiving, or eventually could receive. If we are in a situation where we have taken a stand by"not taking a stand,"the conflict is one between the Feds and the State, and will not involve local jurisdiction. Please take this into consideration. Robert"Doc" Hansen Planning Official Kittitas County Community Development Services 411 N. Ruby Street,Suite 2 Ellensburg, WA 98926 doc.hansen@co.kittitas.wa.us Phone: 509-962-7046 Fax: 509-962-7682 Notice:All email sent to this address will be received by the Kittitas County email system and may be subject to public disclosure under Chapter 42.56 RCW and to archiving and review. messageid:38eb45916c6dcbdac24bb8719d004a14 1 � E-Yu 4Option 1: Leave as is and Consider Marijuana an Agriculture Production Use GMA Compliance 2013 Staff Recommended Revisions to Planning Commission Recommendation Description: Amend KCC 17.15.060 Allowed Uses in Rural Non-LAMIRD Lands and KCC 17.56 Forest and Range Zone Kittitas County Code, Section 17.15.060 Allowed Uses in Rural Non-LAMIRD Lands is amended as follows: 17.15.060 Allowed Uses in Rural Non-LAMIRD Lands 17.15.060.1 Allowed Uses in Rural Non-LAMIRD Lands P Permitted Rural Non-LAMIRD PA Permitted Rural Rural Rural Rural Administrative Residential Working Recreation Residential CU Conditional Use Et Rural Recreation ' See KCC Chapter Agriculture Rural Agriculture Forest Master General Rural PUD 17.08 Definitions 5 5 20 Et Planned Commercial Recreation Range A. Agriculture Animal boarding` CU CUCU CU CU Agriculture processing* CU CuZ.3CuitP Agriculture production* P P P P P P P P 23. Hay processing and small-scale processing of agricultural products produced on the premises are permitted without a conditional use permits. (Ord. 2013-001, 2013;) 17.15.070 Allowed Uses in Rural LAMIRD Lands 17.15.070.1 Rural LAMIRD Use Table P Permitted PA Permitted Rural Activity Centers47 Rural Employment Centers 48 Administrative (Type 1 LAMIRDs) (Type 3 LAMIRDs) CU Conditional Use N rn 6 76a A A *See KCC Chapter ':, ` V �' " 2 -T dJ �' A 17.08 Definitions aci aci Ln75 16 C0 Cv ; Cv A Cv A Ca V Ql E 3• E ..+ N N IA a+ E E 3: E �+ N N N '� c E sD„ E s c v c v E c E s E t Q tau = u � U- W 0- � u 0u 20 c A. Agriculture Animal CU' CU CU CU CU boarding* Agriculture P2 P/CU4 P/CU 4 p/CU CU P/CU 4 p CU 4 P/CU P/CU processing* 4 4 4 Agriculture CU' P P5 P4 P4 P 5 P4 production* December, 2013 17.15.080 Allowed Uses in Urban Lands Table 17.15.080.1 Urban Use Table P Permitted CU Conditional Use Urban ab . an R io R y +s R R � c Ri a+ L M Ina, 'L1•i.7 ip V A� vyi. 10 10 r0 R R !� an x 1 LA- A. A. Agriculture Animal boarding` cul CU CU CU Agriculture processing' CU7 P2 P P P CU Agriculture production* CU P CU P P P P P CU ff December, 2013 Option 2: Consider Marijuana Processing and Production as Separate Agriculture Activities 17.15.060 Allowed Uses in Rural Non-LAMIRD Lands 17.15.060.1 Allowed Uses in Rural Non-LAMIRD Lands P Permitted Rural Non-LAMIRD PA Permitted Rural Rural Rural Rural Administrative Residential Working Recreation Residential CU Conditional Use Et Rural Recreation * See KCC Chapter Agriculture Rural Agriculture Forest Master General Rural PUD 17.08 Definitions 5 5 20 Et Planned Commercial Recreation Range A. Agriculture Animal boarding* CU Cu CU31Cu CU Agriculture processing* CU Cu23 Cu 31 P Agricutture processing Cu Cu CU CU Requiring Security` Agriculture production* P P P P P P P P Agriculture production CU CU CU Cu CU Cu requiring security` Add definitions to read: "Agricutture processing requiring security" means any agriculture preparation of agriculture product involving, but not limited to, boxing, bulk packaging or labeling which requires by taw a surveillance system involving video surveillance, video recording, enclosed operation and/or security entry. "Agriculture production requiring security" means any operation to raise crops which require by taw a surveillance system which includes, but is not limited to, video surveillance, video recording, enclosed operation and/or security entry. 17.15.070 Allowed Uses in Rural LAMIRD Lands 17.15.070.1 Rural LAMIRD Use Table P Permitted PA Permitted Rural Activity Centers47 Rural Employment Centers 48 Administrative (Type 1 LAMIRDs) (Type 3 LAMIRDs) CU Conditional Use N rn W R R "See KCC Chapter ;° +a ` dj ` , 17.08 Definitions a4) ` ` y �' ` �' '� �' �, E 3 E 0 y VI � �, ,, E y E 3 E � a, a, � on ac, o an o �' w `o M = E o w o on o an o! Q l7u = u _ L Ua u u C A. Agriculture Animal CU' CU CU CU CU boarding* Agriculture P` P/CU4 p/CU 4 p/CU CU P/CU 4 p CU 4 P/CU P/CU processing* 4 4 4 Agriculture CU CU Cu processing December, 2013 P Permitted PA Permitted Rural Activity Centers"' Rural Employment Centers 48 Administrative (Type 1 LAMIRDs) (Type 3 LAMIRDs) CU Conditional Use 0 R � 6 R R 0 R *See KCC Chapter ` V ;� ;� ` V T U 17.08 Definitions ac, L io w 'o W ` „Oj d R W to W Ql E 3E �, a� °1E �, E 3E cEa, E s � c � � c o � E cE LE a tW 0 = 0 an-05 t� c L° � a � v tWian� _ 0 � D � 5 Requiring Security* Agriculture CU' P P5 P4 P4 P5 P4 production* Agriculture CU CU CU production requiring security* 17.15.080 Allowed Uses in Urban Lands Table 17.15.080.1 Urban Use Table P Permitted CU Conditional Use Urban °i - C, C C ` 7.' Pit :119 .i- LU :: IT6' .'.M L W d 4) 7 r0 r0 � =00y 4) W p d N di v v a 'a v o L L E E c E E _ r- = . a Ce W an u v V nn A. Agriculture Animal boarding* CU CU CU CU Agriculture processing* CU P P P P CU Agriculture processing CU CU CU CU CU requiring security* Agriculture production* CU P CU5 P5 P P P P CU Agriculture production CU CU CU CU CU CU requiring security* December, 2013 EXHIRIT-90ption 3: Consider Marijuana Processing and Production as Separate Agriculture Activities and Permit ACU for Small Grow Operations 17.15.060 Allowed Uses in Rural Non-LAMIRD Lands 17.15.060.1 Allowed Uses in Rural Non-LAMIRD Lands P Permitted Rural Non-LAMIRD PA Permitted Rural Rural Rural Rural Administrative Residential Working Recreation Residential CU Conditional ft Rural Use Recreation Agriculture Rural 5 Agriculture Forest ft Master General Rural PUD * See KCC Chapter 5 20 Range Planned Commercial Recreation 17.08 Definitions A. Agriculture Animal boarding* CU CU CU CU CU Agriculture CU CU CU P processing* Agriculture CU CU CU CU processing Requiring Security* 2.4 Agriculture P P P P P P P P production* Agriculture ACU#ICU ACU#,/CU ACU#/CU ACU#/CU ACU#/CU ACU#/CU production requiring secLn-ity* Add definitions to read: "Agriculture processing requiring security" means any agriculture preparation of agriculture product involving, but not limited to, boxing, bulk packaging or labeling which requires by law a surveillance system involving video surveillance, video recording, enclosed operation and/or security entry. "Agriculture production requiring security" means any operation to raise crops which require by taw a surveillance system which includes, but is not limited to, video surveillance, video recording, enclosed operation and/or security entry. #Footnote "A grow operation invotving less than 2000 square feet of growing space." 17.15.070 Allowed Uses in Rural LAMIRD Lands 17.15.070.1 Rural LAMIRD Use Table P Permitted PA Permitted Rural Activity Centers47 Rural Employment Centers 48 Administrative (Type 1 LAMIRDs) (Type 3 LAMIRDs) CU Conditional Use N M R ro ` A A ro R A *See KCC Chapter �; ` u > ,A A a, R di R 17.08 Definitions Ln ` R ` (D R v v v 141 a, E 3E 0 a, LA tea, y_ E vE 3E a, a, CO` aa, c °" o �' aC, o R : E o aci o Lon o a,v rr Q t7u = u 5 l7 U- W 0- u l7u = u A. Agriculture Animal CU' CU CU CU CU boarding* December, 2013 P Permitted PA Permitted Rural Activity Centers47 Rural Employment Centers 48 Administrative (Type 1 LAMIRDs) (Type 3 LAMIRDs) CU Conditional Use N M Io 1; 2 "See KCC Chapter }, ` ` �o �o ` ` ` 17.08 Definitions un R d o a �+ �o d fa W ,U, E 3E °; E E 3E Ln, a, o`n m0 010 aCi ° Lo E0 0) 0 O10 a t7u xu �5 c7 1L2� a � u cru Agriculture P2 P/CU4 P/CU 4 p/CU CU P/CU 4 p CU 4 P/CU P/CU processing* 4 4 4 Agriculture CU CU CU processing Requiring Security* Agriculture CU' P P 5 P4 P4 P5 P4 production* Agriculture ACU#/ ACU#/ ACU# production CU CU /CU requiring security* 17.15.080 Allowed Uses in Urban Lands,:;:;? :.,;,,, Table 17.15.080.1 Urban Use Table P Permitted CU Conditional Use Urban �0 16 i0 y tam m in � C c- _ c ` r� �n w 'L. d I- 3 `m v m.� o a+ a, n a rt a n di v o E E E S y 41 a' 2 Ln RP 0 J LL- A. LA. Agriculture Animal boarding* cul CU CU CU Agriculture processing* CU P P P P CU Agriculture processing CU CU CU CU CU requiring security* Agriculture production* CU P CU P P P P P CU Agriculture production CU CU CU CU CU CU requiring security December, 2013 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2013- A Resolution Recognizing Growth and Initial Processing of Marijuana as an Agriculture Activity Subject to Local Ordinance and Subject to State and Federal Laws WHEREAS, the voters of Washington State passed Initiative 502 in 2012, which, in part, directs the Washington State Liquor Control Board to establish a regulatory and licensing system for the production, processing and retail sales of marijuana and marijuana-related products; and WHEREAS, the Washington State Liquor Control Board will open a thirty-day filing period on November 18, 2013 for interested persons to apply for licenses to produce, process and sell marijuana and marijuana-related products, and WHEREAS, the United States Department of Justice's Deputy Attorney General's Office has provided guidance regarding the implementation of Initiative 502; and WHEREAS, Kittitas County does not wish to expose the County to legal and liability issues associated with Federal and State laws in relation to use and growth of marijuana. WHEREAS, Kittitas County wishes to establish policies to direct potential marijuana growth, processing and sale while licenses are being purchased during November and December, 2013; and WHEREAS, Kittitas County within its authority may adopt future renewable local license for growth, processing and retail sale of marijuana plants and products conducted within the County. NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, that the following policies are adopted in relation to growth, processing and retail sales of marijuana in Kittitas County insofar as land use and building matters: 1. Per Kittitas County Code Title 17, marijuana, as with any other crop, may be grown in land use zones within Kittitas County where such zones itemized in KCC 17.15 allow for "agriculture production" as defined in KCC 17.08.033 and under the conditions of the Code. 2. Per Kittitas County Code Title 17, marijuana, as with any other crop, may be processed in land use zones within Kittitas County where such zones itemized in KCC 17.15 allow for"agriculture processing" as defined in KCC 17.08.032. 3. Sales of products authorized by Initiative 502 may be conducted in zones allowing retail sales as itemized in KCC 17.15 per local and State criteria and conditions for sale of marijuana products. 4. Federal, State, and local laws may be adopted in the future which affect the growth, processing and retail sales of marijuana and marijuana products. 5. All separation standards and production standards are administered by the Liquor Control Board. The County will not administer standards or criteria administered by the State Liquor Control Board. 6. Creation of growth and processing areas requiring security and separation may require building permits and will be subject local building standards. 7. The County in the future may adopt license provisions for growing, processing, and selling marijuana products. ADOPTED this day of 2013 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Obie O'Brien, Chairman Paul Jewell, Vice-Chairman Gary Berndt, Commissioner ATTEST APPROVED AS TO FORM: CLERK OF THE BOARD Julie A. Kjorsvik Neil Caulkins, Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, WASHINGTON Resolution No. TLS 13-34 Land Use Guidance for ) implementing Initiative 502) TRANSP6RTATION & LAND SERVICES WHEREAS, the voters of Washington State passed Initiative 502 in 2012, which, in part, directs the Washington State Liquor Control Board to establish a regulatory and licensing system for the production, processing and retail sales of marijuana and marijuana-related products; and WHEREAS, the Washington State Liquor Control Board is planning on adopting implementing rules on October 16, 2013 and will open a thirty-day filing period on November 16, 2013 for interested persons to apply for licenses to produce, process and sell marijuana and marijuana-related products; and WHEREAS, the United States Dept. of Justice's Deputy Attorney General's Office has provided guidance regarding the implementation of Initiative 502; and WHEREAS, the Douglas County Board of Commissioners does not want to expose the County and County personnel to legal and liability issues associated with federal law while still being responsive to state law. NOW, THEREFORE, BE IT RESOLVED that the following policy is adopted insofar as land use and building construction matters only: 1. Marijuana, as any other crop, may be grown in agricultural and rural zoning districts, and may be grown in the Industrial district if within a greenhouse. Marijuana may also be grown in urban growth areas where city land use codes permit agriculture. 2. Marijuana may be processed in any zoning district that allows agricultural processing (agricultural, rural, industrial). Marijuana may also be processed in urban growth areas where city land use codes permit processing of agricultural products. 3. Sales of products authorized by Initiative 502 may be conducted in commercial districts that allow retail sales, and possibly in conjunction with other activities (e.g. fruit stands) or via conditional use permit for retail sales in rural service centers. 4. The initiative and the draft proposal undergoing rulemaking identify distance separation standards between marijuana-related activities and certain assembly and recreation uses. These separation standards are administered by the Liquor Control Board. The County will not speculate whether a proposed site meets the distance separation criteria. 5. County personnel will not confirm if a particular site is zoned or otherwise acceptable for marijuana-related activity. Personnel can, in general terms, confirm whether property can be used for agricultural production, agricultural processing and/or retail sales. ' 6. Persons growing, processing and selling marijuana products may need building permits if they construct/remodel structures associated their operation. These will be processed and reviewed just as any other agricultural, industrial or commercial building. The Department of Transportation and Land Services will not maintain copies of any marijuana-related license from the State of Washington. 7. The draft rules allow outdoor production (growing) if the area is enclosed with a site obscuring wall or fence at least eight (8)feet high. Walls and fences this high are, at this time, only allowed in an industrial zoning district and require building permits prior to construction. 8. While the county has adopted land use codes of the cities/towns within their urban growth areas, the county does not have a business license program. Should cities/towns decide to use their business license program for regulating the implementation of 1-502, the county will not be able to follow the same approach. The same situation exists for moratoria; these do not apply in the unincorporated area unless the Board of Commissioners similarly enacts a moratorium. Dated this 1s` day of October, 2013 at Waterville, Washington. BOARD OF COUNTY COMMISSIONERS ��ns coy DOUGLAS UNTY, HINGTON C 1___' L Z Steven D. Jenkins hair ILL Dale Snyder, V6e-Chair S 'aJ -- Ken Stanto , Member ayni Pr wilt, Clerk of the Board