Jefferson County Department of Community Development Associate Planner Colleen Zmolek presents the Planning Commission’s recommendations about marijuana businesses to county commissioners Thursday. — Charlie Bermant/Peninsula Daily News ()

Jefferson County Department of Community Development Associate Planner Colleen Zmolek presents the Planning Commission’s recommendations about marijuana businesses to county commissioners Thursday. — Charlie Bermant/Peninsula Daily News ()

Jefferson County commissioners accept pot regulations; will consider making rules law at June 1 meeting

PORT TOWNSEND — The Jefferson County commissioners approved regulations governing recreational marijuana businesses at a special meeting Thursday.

They will consider approving the new rules as law June 1 during their meeting at 9 a.m. in commissioners’ chambers at the Jefferson County Courthouse, 1820 Jefferson St., Port Townsend.

At that time, they could lift the moratorium on new permits for recreational marijuana businesses or decide to allow the ban to expire June 11.

Commissioners Phil Johnson and Kathleen Kler voted in favor of accepting the regulations, based on a recommendation from the Jefferson County Planning Commission.

The dissenting voice in the 2-1 vote was that of Commissioner David Sullivan, who wants regulations — at least that could apply — to be extended to all agricultural businesses.

The approval of the recommendations and the end of the moratorium will close a chapter on consideration of county marijuana regulations, but a final resolution is not in sight.

“We have a lot more work to do to address the impact and scale of this in the future,” Kler said.

“Even if we approve this today, there will be some changes.”

After the approval of statewide Initiative 502 in 2012, Jefferson County originally dealt with marijuana like any other agricultural product, but public controversy led to the institution of a six-month moratorium Aug. 11.

When that moratorium was set to expire, the Department of Community Development requested a four-month extension because it had not developed a policy.

Since the moratorium extension, the Planning Commission has developed guidelines for where such businesses can operate in the county, creating separate matrixes for the county at large and the Port Hadlock Urban Growth Area.

For instance, such businesses will be prohibited at all golf facilities and outdoor gun ranges, while they are allowable in most bed-and-breakfast locations.

The most tolerant regulation areas for marijuana businesses are in designated rural village areas, which are Brinnon and Quilcene.

The new rules include a list of specific “performance standards,” such as landscaping, setbacks and security.

The Planning Commission developed the final draft Wednesday night. The draft was presented to county commissioners by DCD Director Carl Smith and Associate Planner Colleen Zmolek.

After the presentation, Johnson moved to accept the recommendations.

“This is one of those cases where we can’t win with everybody, so I move that we accept the recommendations and move on,” Johnson said.

The motion died for lack of a second.

Sullivan then presented his proposal to expand regulations to include all agricultural uses.

“I’ve always thought we should be looking at the high-density impacts rather than singling out marijuana,” he said.

“We should have an agricultural code that protects everybody in the same way, imposing consistent size and setback regulations.”

Sullivan said his proposal would affect only new construction and that existing farms would not be forced into compliance.

To make substantive changes to the regulations, commissioners would have to set a public hearing June 8, County Manager Philip Morley has said.

This would only allow a few days to implement the changes before the moratorium expires — an impractical goal, said David Alvarez, the chief civil deputy in the Jefferson County Prosecuting Attorney’s Office.

“By expanding the regulations to include all agriculture, you are opening a giant Pandora’s box,” Alvarez said.

“This is a much bigger project than can be done in a few days.

“There are several budget, staff, time and policy considerations that we don’t have time to address.”

Johnson then amended his motion to accept the Planning Commission’s recommendations “knowing there will be some changes,” which gained a second from Kler.

Sullivan said he wished the county had taken a different initial approach, a view that Kler seconded.

“I was in the parking lot after the Planning Commission [meeting], listening to discussions that should have occurred months ago,” Kler said.

“I wish we’d done this differently and gotten people to talk to each other early on.”

________

Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.

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