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HomeMy WebLinkAboutord2014-019 WHATCOM COUNTY COUNCIL AGENDA BILL NO. . 2014-074B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2/28/2014 3/11/1014 Natural Resources Nick Smith Committee Division Head: Tyler Schroeder rt 5 ©g D R E C ECI V E D 3/11/14 Introduction Dept.Head: Sam Ryan ala�l��4 MAR 0 4 2014 3/25/14 Hearing Prosecutor: Karen Frakes '_ c D WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: ✓ackLouws /.k/A—L 3 . 3 . 1 44 TITLE OF DOCUMENT: Interim Ordinance allowing marijuana production,processing and retailing as authorized by Washington State Initiative 502 and medical marijuana facilities as authorized under Chapter 69.51A RCW. ATTACHMENTS: 1. Cover Letter and Memo from Sheriff Elf o 2. Interim Ordinance 3. February 19, 2014 Seattle Times article SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Interim Ordinance allowing marijuana production,processing and retailing as authorized by Washington State Initiative 502 and medical marijuana facilities as authorized under Chapter 69.51A RCW. COMMITTEE ACTION: COUNCIL ACTION: 3/11/2014: Discussed and recommended for 3/11/2014: Substitute Amended & Introduced introduction with one amendment. 3/25/2014: Council Adopted 7-0 Ord. 2014-019 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Ord. 2014- 019 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: March, 11 2014 ORDINANCE NO. 2014-019 INTERIM ORDINANCE ALLOWING MARIJUANA PRODUCTION, PROCESSING AND RETAILING AS AUTHORIZED BY WASHINGTON STATE INITIATIVE 502 AND MEDICAL MARIJUANA FACILITIES AS AUTHORIZED UNDER CHAPTER 69.51A RCW WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, thereby amending Chapter 69.50 RCW and providing the regulatory framework for marijuana producers, processors, and retailers to become licensed by the Washington State Liquor Control Board ("WSLCB"); and WHEREAS, on November 16, 2013, the WSLCB adopted final marijuana licensing rules as codified in Chapter 314-55 WAC; and WHEREAS, during the period between November 18, 2013 and December 20, 2013, the WSLCB accepted marijuana license applications for marijuana production, processing and retail facilities; and WHEREAS, Whatcom County began receiving notifications of proposed marijuana facilities from the WSLCB in mid-December, 2013; and WHEREAS, the WSLCB anticipates issuing marijuana producer, processor, and retail licenses to qualified applicants starting in late February or March, 2014; and WHEREAS, in 2011, the Washington State Legislature passed ESSSB 5073, codified in Chapter 69.51A RCW, which provides that qualifying patients or their designated care providers may create and participate in collective gardens to produce, process, transport, and deliver marijuana for medical use; and WHEREAS, marijuana facilities, whether under Chapter 69.51A RCW or Initiative 502, are currently not specifically addressed in Whatcom County Code; and WHEREAS, on September 28, 2013, Whatcom County Planning and Development Services adopted Zoning Interpretation Policy: PL1-73-003Z which determined that marijuana proposed uses, as allowed by Initiative 502, would be regulated in the same way as proposed uses related to any other commodity that is grown, processed, or sold in Whatcom County; and WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion stating that Initiative 502 does not preempt counties from banning or placing additional regulatory requirements on marijuana related businesses within their jurisdictions; and WHEREAS, on February 11, 2014, the Whatcom County Council adopted Ordinance 2014-011, an emergency ordinance imposing a moratorium on the acceptance of all building and/or land use applications that pertain to marijuana producers, processors, retailers, and collective gardens; and WHEREAS, Whatcom County intends to consider the adoption of permanent regulatory requirements specifically for marijuana related businesses; and WHEREAS, while the permanent ordinance is being processed, the County Council is adopting this interim ordinance regulating marijuana related businesses and, in support of this interim ordinance, the Council makes the following findings as required by RCW 36.70.795: 1. Marijuana related operations are vulnerable to robbery and crimes of violence, as evidenced by the actual robberies and violence that have occurred at state legal marijuana medical sites within Whatcom County and elsewhere. The current requirements for locating a proposed marijuana facility do not specifically address the potential risks that these operations pose for surrounding residences, including those residences within isolated communities with limited police protection; and 2. The adoption of this interim ordinance would provide protection to communities and residential uses surrounding marijuana related businesses, as well as provide WSLCB applicants the opportunity to apply for building and/or land use permits; and 3. The emergency moratorium adopted in Ordinance No. 2014-011 is only effective for sixty (60) days. It is necessary to have this interim ordinance in place in order to prevent future applications for marijuana producers, processors, retailers and collective gardens from vesting under current law and thus subverting the purpose of additional regulations to protect the public after the emergency ordinance expires. WHEREAS, in accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed interim zoning amendment; and WHEREAS, this ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Zoning Code is hereby amended, on an interim basis, as shown in Exhibit A. BE IT FURTHER ORDAINED that this ordinance shall be effective for not longer than six months following its effective date. BE IT FINALLY ORDAINED that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this 25th day of March , 2014. ,0,1111111111j1►11 Co Cr4y •0. . •= WHATCOM COUNTY COUNCIL ► &Igo TY :r ` WHATCOM COUNTY, WASHINGTON 0** • ri4 (*a Brown ayist\?unty Clerk Carl Weimer, Council Chair " APPROVED AS TO FORM: Approv-• ( ) Denie Civil Deputy Prosecutor Jack Louw. : . - utive Date: 2.7 (y EXHIBIT A Chapter 20.32 Rural Residential (RR) District 20.32.050 Permitted uses. .058 Marijuana production; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.251. .059 Marijuana collective garden; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.251. 20.32.130 Administrative approval uses. .136 The processing of marijuana provided the following criteria are met: (1) The facility is accessory to the on-site production of marijuana. (2) The facility meets the setback and separation requirements of WCC 20.80.200 and 20.80.251. (3) The facility employs no more than 10 permanent employees. (4) The facility does not exceed 10,000 square feet in proposed and existing buildings (as defined by WCC 20.97.035) devoted to marijuana processing. Chapter 20.34 Rural Residential - Island (RRI) District 20.34.050 Permitted uses. .060 Marijuana production; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.251. .061 Marijuana collective garden; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.251. 20.34.130 Administrative approval uses. 1 .136 The processing of marijuana provided the following criteria are met: (1) The facility is accessory to the on-site production of marijuana. (2) The facility meets the setback and separation requirements of WCC 20.80.200 and 20.80.251. (3) The facility employs no more than 10 permanent employees. (4) The facility does not exceed 10,000 square feet in proposed and existing buildings (as defined by WCC 20.97.035) devoted to marijuana processing. Chapter 20.36 Rural (R) District 20.36.050 Permitted uses. .062 Marijuana production; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.252. .063 Marijuana collective garden; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.252. 20.36.130 Administrative approval uses. .137 The processing of marijuana provided the following criteria are met: (1) The facility is accessory to the on-site production of marijuana. (2) The facility meets the setback and separation requirements of WCC 20.80.200 and 20.80.252. (3) The facility employs no more than 10 permanent employees. (4) The facility does not exceed 10,000 square feet in proposed and existing buildings (as defined by WCC 20.97.035) devoted to marijuana processing. Chapter 20.40 Agriculture (AG) District 2 20.40.050 Permitted uses. .059 Marijuana production; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.255. .060 Marijuana collective garden; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.255. 20.40.100 Accessory uses. .115 The processing of marijuana, provided the following criteria are met: (1) The facility is accessory to the on-site production of marijuana. (2) The facility meets the setback and separation requirements of WCC 20.80.200 and 20.80.255. (3) The facility employs no more than 20 permanent employees. Chapter 20.42 Rural Forestry (RF) District 20.42.050 Permitted uses. .070 Marijuana production; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.256. .071 Marijuana collective garden; provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and 20.80.256. 20.42.100 Accessory uses. .106 The processing of marijuana provided the following criteria are met: (1) The facility is accessory to the on-site production of marijuana. 3 (2) The facility meets the setback and separation requirements of WCC 20.80.200 and 20.80.256. (3) The facility employs no more than 20 permanent employees. Chapter 20.51 Lake Whatcom Watershed Overlay District 20.51.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .102 Marijuana production. Chapter 20.59 Rural General Commercial (RGC) District 20.59.050 Permitted uses. .051 Retail and office type uses. (4) Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana; provided a marijuana retail facility shall be subject to the setback_and separation requirements of WCC 20.80.200 and WCC 20.80.253(5k Chapter 20.60 Neighborhood Commercial Center (NC) District 20.60.050 Permitted uses. .051 Retail and office type uses. 4 (7) Retail marijuana provided such facility shall be subject to the setback and separation requirements of WCC 20.80.200 and WCC 20.80.253(1). (8) Other convenience retail shops not greater than 2,500 square feet per shop. (9) Professional offices not greater than 2,500 square feet per business. Chapter 20.61 Small Town Commercial (STC) District 20.61.050 Permitted uses. .051 Retail and office type uses. (4) Retail establishments with less than 2,500 square feet of retail floor area per establishment, including but not limited to liquor, drug, sundries, variety, clothing, florist, optical, sporting goods, appliance, craft, music, pet stores and marijuana; provided a marijuana retail facility shall be subject to the setback and separation requirements of WCC 20.80.200 and WCC 20.80.253(6). Chapter 20.62 General Commercial (GC) District 20.62.050 Permitted uses. .059 Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana; provided a marijuana retail facility shall be subject to the setback and separation requirements of WCC 20.80.200 and WCC 20.80.253(2). 5 Chapter 20.64 Resort Commercial (RC) District 20.62.050 Permitted uses. .059 Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana; provided a marijuana retail facility shall be subject to the setback and separation requirements of WCC 20.80.200 and WCC 20.80.253(4). Chapter 20.66 Light Impact Industrial (LII) District 20.66.050 Permitted uses. .087 Marijuana production, processing or collective garden. 20.66.700 Performance standards. .709 Marijuana Odor Within an industrial park no odor or smoke shall be emitted that is detectable at or beyond the walls of the building where said use is located, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of other users within the park. Chapter 20.68 Heavy Impact Industrial (HII) District 20.68.050 Permitted uses. .066 Marijuana production, processing or collective garden. 6 Chapter 20.69 Rural Industrial Manufacturing (RIM) District 20.69.050 Permitted uses. .053 Agriculture type uses. Uses related to agriculture including, but not limited to: (10) Marijuana production or collective garden. (11) Processing of marijuana; provided that at least 50 percent of the marijuana processed is produced in Whatcom County. 20.69.700 Performance standards. .708 Marijuana Odor Within an industrial park no odor or smoke shall be emitted that is detectable, at or beyond the walls of the building where said use is located, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of other users within the industrial park. Chapter 20.71 Water Resource Protection Overlay District 20.71.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .222 Marijuana production. 7 Chapter 20.80 Supplementary Requirements 20.80.250 Special setback and separation provisions by district. 20.80.251 Residential districts. (2) Residential Rural District. (a) Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.32.651 shall be subject to the standard setback in WCC 20.80.210. (b) Separation requirements for marijuana production, processing, or collective garden facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (4) Residential Rural-Island districts. (a) Residential Rural-Island District. Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone Districts, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.34.651 shall be subject to the standard setback in WCC 20.80.210. (b) Separation requirements for marijuana production, processing, or collective garden facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route 8 over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. 20.80.252 Rural District. (1) Rural District Setbacks. (a) Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.36.651 shall be subject to the standard setback in WCC 20.80.210. (b) Separation requirements for marijuana production, processing, or collective garden facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. 20.80.253 Commercial districts. (1) Neighborhood Commercial District. (a) Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and Rural Zone Districts shall be administered pursuant to WCC 20.60.550 (Buffer area). (b) Separation requirements for marijuana retail facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (2) General Commercial District. 9 (a) Setbacks for those parcels situated adjacent to Urban Residential, Rural Cluster Development and Rural Zone Districts shall be administered pursuant to WCC 20.62.550 (Buffer area). (b) Separation requirements for marijuana retail facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (4) Resort Commercial District. (e) Separation requirements for marijuana retail facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (5) Rural General Commercial District. (a) Separation requirements for marijuana retail facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. (6) Small Town Commercial District. 10 (a) Separation requirements for marijuana retail facility. i) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. ii) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. iii) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. 20.80.255 Agriculture District. (6) Separation requirements for marijuana production, processing, or collective garden facility. (a) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. (b) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. (c) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. 20.80.256 Forestry districts. (5) Separation requirements for marijuana production, processing, or collective garden facility. (a) The facility shall not be located within 1,000 feet of no more than eight (8) existing residences that are not located on the same parcel as the facility. (b) The facility shall not be located within 300 feet of any existing residences not located on the same parcel as the facility, except where the owners of all existing residences within 300 feet provide a notarized written agreement waiving the 300 foot setback. (c) A facility shall not be located within 1,000 feet of a community center. The distance to a community center shall be measured along the most direct route over or across established public walks, streets, or other public passageways between the proposed facility and the nearest property line of a parcel on which a community center is located. 11 20.80.690 Marijuana State License Required. Prior to commencing operations, a marijuana producer, processor, or retailer shall obtain approval as a state-licensed marijuana producer, processor, or retailer under Chapter 69.50 RCW, as amended, and Chapter 314-55 WAC, as amended. 20.80.695 Application for County Development Permits - Timing. Applicants for marijuana production, processing, or retailing may apply for county development permits at any time. Applicants who wish to apply for county permits, or commence construction of facilities for producing, processing, or retailing of marijuana under chapter 69.50 RCW, prior to obtaining approval as a state-licensed marijuana producer, processor or retailer do so at their own risk. Final occupancy of the building will not be granted until a state liquor control board license has been approved. 20.97 Definitions. 20.97.225 Marijuana, marihuana or cannabis. "Marijuana," "marihuana" or "cannabis" means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 20.97.226 Marijuana collective garden or medical cannabis garden. "Marijuana collective garden" or "medical cannabis garden" means any building, area or garden where qualifying patients share responsibility for the purpose of producing, processing, transporting, and delivering cannabis for medical use such as, for example, a location for a collective garden; equipment, supplies and labor necessary to plant, grow, and harvest cannabis; cannabis plants, seeds and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring and ventilation of a garden of cannabis plants as authorized under 69.51A RCW. 20.97.227 Marijuana processing. "Marijuana processing" means a facility licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable 12 marijuana and marijuana-infused products at wholesale to marijuana retailers. A marijuana processing facility shall include any building that is associated with the processing of marijuana. 20.97.228 Marijuana production. "Marijuana production" means a facility licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors. A marijuana production facility shall include any building or fence that is required by the state liquor control board for the production of marijuana. 20.97.229 Marijuana retail. "Marijuana retail" means a facility licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet. A marijuana retail facility shall include any building that is associated with the sale of marijuana. 20.97.230 Marina. 20.97.231 May. 13