After the Clallam County board of commissioners postponed taking any action on the interim ordinance for I-502 (Washington legalized recreational marijuana) county controls at a public hearing, Sept. 23, the board revisited the temporary controls during its regular meeting Tuesday, Sept. 30.
Similar to the public hearing, the board decided to take no action and instead divert the interim ordinance to the county Planning Commission for input.
“Essentially the ball is back in the DCD and planning commission’s court,” Jim McEntire, District 1 county commissioner, said.
McEntire motioned to approve the interim ordinance at last week’s meeting, but the motion failed for lack of second.
The set of temporary controls was drafted and put forth by Clallam County Department of Community Development officials to provide additional regulations for potential I-502 processors, producers and retailers within the county.
Once approved by the county commissioners, the interim ordinance would be instated for six months, but could be extended and its effective date would begin within 10 days of the board’s adoption, Steve Gray, DCD planning manager, told commissioners during the public hearing.
The interim ordinance would not impact the eight I-502 related conditional use permits currently pending.
Planning commission’s involvement
“From time to time we would be informed with how the DCD was moving ahead with local I-502 regulations, and perhaps asked for thoughts, but it was never presented to us as our project,” Tom Montgomery, planning commission member, said.
The first time the planning commission was asked to make a decision on the interim ordinance was at its Sept. 17 work session, Montgomery said. Two motions were put forth. The first called for a six-month moratorium, but was voted down 5-4. The second motion to recommend the county commissioners instate a partial moratorium of sorts passed with only one abstention.
“Our suggestion to you is to have a six-month moratorium except in commercial and industrial zones,” Connie Beauvais, vice chairman of the planning commission, told the county commissioners during the public hearing.
“The interim ordinance is very good technically and the framework is all there, but we feel it is very important to get all the facts so we have a good factual foundation for deciding what zones are appropriate,” Montgomery said.
Looking ahead, Montgomery anticipates the planning commission will be able to gather the appropriate information, facts and assess the interim ordinance within a four-month timeframe.
Interim ordinance
As is, the interim ordinance would provide county officials with more guidelines when deciding where potential I-502 processor, producers and retailers can locate within the county.
Although the interim ordinance still relies on the public hearing process with the hearing examiner for multiple zone types, it does provide lists of the specific zones that would require a conditional use permit and zones that wouldn’t.
The interim ordinance also provides additional regulations or a “scale” for the three tiers of I-502 operations, Gray said. Depending on the size of the I-502 operation, the ordinance would determine the zones marijuana enterprises would be limited to and what conditions would be required.
“When zoning is absent of specific uses we have to adjust in some manner,” Sheila Roark Miller, DCD director, said. “We (DCD staff) put this (interim ordinance) together taking into con-
sideration parcel sizes, citizens that live in the community and the potential growers.”
The hearing
Twenty-six individuals signed up to speak during the public hearing Sept. 23, but the floor was opened up to include 30 testimonies from individuals both in support and opposed to the short-term controls.
Most opposed suggested a moratorium be put into place until county officials can come to a better understanding of the industry and the community implications associated.
“I think these interims are a good start, but I think a moratorium would provide everyone a little breathing room,” Gail Mabbutt, a county resident, said. “In some instances still relying on the conditional use process can leave room for inconsistencies.”
In addition to leaving room for discrepancy, Mary Ellen Winborn, candidate for DCD director, said the interim ordinance “doesn’t do anything to address the things that are happening now,” but keeps the county on a similar path.
Supporters of the interim ordinance pointed out to adopt the temporary controls still allows for potential I-502 applications to be addressed on an individual basis and not clumped together, given the wide variation among recreational marijuana production and processing methods.
Additionally, Agricultural Retention zones are among the zones listed in the interim ordinance as a conditionally allowed zone for I-502 and it was suggested perhaps incorporating I-502 into farmland may be a avenue for preserving the land.
Dave Lotzgesell is a fifth-generation farmer in the area and he and his family are longtime Agricultural Retention zoned landowners.
“We are limited to what we can do with our land,” Lotzgesell said. “We are always looking at opportunities to make enough money and to lease it, but are limited to just a few people. It would be the perfect place for greenhouses.”
Lotzgesell has 90 acres with 20 acres that sit fallow, he said.
Reach Alana Linderoth at alinderoth@sequimgazette.com.
