The conditional use permit requested by potential Initiative 502 licensee Travis Palmer for a Tier 2 processing and production operation, Palmer Brothers Farms, was denied Wednesday, Aug. 27.
Clallam County Hearing Examiner Mark Nichols denied the permit given Palmer’s proposal was “inconsistent” with county zoning code, the spirit and intent of the county Comprehensive Plan and land uses within the zoning district. Despite having found the plan would have no unreasonable adverse impact on the surrounding land uses with proper mitigation efforts, Nichols denied the permit.
Nichols’ decision is in agreement with the Clallam County Department of Community Development. DCD Deputy Director Steve Gray told Nichols the department suggested he deny Palmer’s request because of the scale of size and the “neighborhood characteristics.”
Palmer’s plan included the construction of up to four greenhouses at 322 Cassidy Road for the purpose of growing and processing recreation marijuana. Because the property he purchased was within a Rural Low zone, and marijuana is considered a “unclassified” use according to DCD officials, Palmer was required to get a conditional use permit to continue with the creation of Palmer Brothers Farms.
“We’re exhausted but happy. It has been a long process” Kathryn McCready, a neighbor to Palmer’s property, said. “This industry (I-502) is new in Washington, but the Clallam County Comprehensive Plan isn’t new and it is still the law.”
Neighborhood opposition
Since mid-June residents neighboring the proposed Palmer Brothers Farms have banded together and held regular meetings.
Reflecting the neighborhood push-back toward Palmer Brothers Farms, 21 individuals commented in opposition during the Aug. 13 hearing examination public comment period.
“While community displeasure cannot be the basis of a permit denial, the hearing examiner may nonetheless afford substantial weight to community opposition,” according to the decision report. “The hearing examiner does so here.”
During the examination, McCready started off the public comment period with a slideshow designed by Bob McCready, her husband, and Patrick, her son. The PowerPoint is a powerful presentation tool if all the other work has been done because the real “winning card” was having an attorney and reviewing the legalities of the situation, Kathryn McCready said.
Following Nichols’ decision, McCready, along with other individuals opposed to I-502 activity in residential areas, has been helping to educate other groups facing similar scenarios.
Increased interest
Palmer’s conditional use permit request was one of now 19 requests to the DCD. Although two of those permits have been withdrawn, county officials have approved six conditional use permits and 10 permits are pending.
One of those approved shortly prior to Nichols’ decision to deny Palmer’s conditional use permit request was for a larger Tier 3 cannabis processing and production facility on Power Plant Road – also in Rural Low zoning.
Given the ongoing and increased interest from potential I-502 processors and producers to establish themselves in Clallam County, DCD Director Sheila Roark Miller recently asked the county commissioners for direction on regulating marijuana in unincorporated areas of the county.
“We shouldn’t be doing the job of the commissioners and that is what we’ve been doing,” said Brenda Carpenter, a resident opposed to Palmer Brothers Farms and I-502 in residential areas. “More direction needs to come from the county, otherwise people on both sides are going to be spending money they shouldn’t have to.”
Carpenter admits she feels “badly for the Palmers because they have a right to do business,” but not within residential zones.
Nichols’ decision made on Aug. 27 is final unless appealed within 14 calendar days.
Palmer was called multiple times, but did not return phone inquires for comment.
