Clallam Planning Commission opposes rural pot grow operations; public hearing on zoning set Tuesday

PORT ANGELES — A temporary ordinance that would regulate the siting of legalized recreational marijuana businesses in Clallam County doesn’t go far enough to protect rural interests, the county Planning Commission has said in its recommendation.

The three Clallam County commissioners will conduct a public hearing Tuesday on a proposed ordinance that lists specific zones where marijuana can be produced, processed and sold to adults 21 and older under voter-approved state Initiative 502.

Under the proposed six-month ordinance, an eligible marijuana producer and processor would continue to be required to obtain a conditional-use permit to open in a rural neighborhood.

But the Planning Commission last Wednesday recommended pot growers and processors be restricted from rural areas altogether, Clallam County Principal Planner Kevin LoPiccolo said.

The public hearing on the proposal will begin at 10:30 a.m. Tuesday in the public meeting room (No. 160) of the Clallam County Courthouse, 223 E. Fourth St.

Developed by staff in the Community Development department, the proposed ordinance is the county’s first step to clarify legislatively how marijuana businesses will be sited in unincorporated areas.

It would serve as a placeholder until pot-specific zoning is permanently adopted.

The proposal allows certain types and certain sizes of marijuana businesses to open in rural areas with setbacks if they receive conditional-use permits from Hearings Examiner Mark Nichols.

“The Planning Commission did not feel that that addressed it, that it didn’t go far enough,” LoPiccolo said.

The commission did agree with other elements of the ordinance, such as allowing marijuana production and processing in industrial and commercial zones, LoPiccolo said.

The temporary ordinance, related hearings examiner decisions and other information on the marijuana law is posted at www.clallam.net under “Current Issues.”

The state Attorney General in January affirmed that local governments have “broad authority to regulate within their jurisdictions, and nothing in I-502 limits that authority with respect to licensed marijuana businesses.”

Thus far, county commissioners have been split on how to apply the marijuana law locally.

Commissioner Mike Doherty has called for a moratorium, Commissioner Jim McEntire has suggested a waiver system and Commissioner Mike Chapman has reserved judgement.

All three have expressed a need to balance the interests of the legal marijuana industry with legitimate neighborhood concerns.

Fifty-five percent of Clallam County voters supported the legalization of recreational marijuana in the 2012 election.

The state Liquor Control Board, which issues marijuana licenses, allotted Clallam County six retail stores: two in Port Angeles, one in Sequim and three anywhere else.

No retail licenses have been issued in Clallam County so far.

Marijuana retail would be restricted to 16 commercial zones in the county if the temporary ordinance is adopted.

The state prohibits any marijuana business from opening within 1,000 feet of a school, park or other places where children gather.

Elsewhere on the North Olympic Peninsula, Jefferson County commissioners approved in August a moratorium on marijuana businesses in unincorporated areas, setting aside six months to study the issue.

Jefferson County is allowed four retail cannabis outlets: one in Port Townsend and three in the unincorporated areas.

Port Townsend is regulating marijuana businesses, while Port Angeles has not taken action.

Sequim has a moratorium on pot businesses.

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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 5072, or at rollikainen@peninsuladailynews.com.

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