[Vision2020] Pullman, Whitman County look at zoning issues for marijuana

[Tom Hansen]

Courtesy of today's (September 17, 2013) Lewiston Tribune.

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Pullman, Whitman County look at zoning issues for marijuana
Proposed rules would allow three retail outlets in Pullman, one more in county
COLFAX - Now that voters have legalized the production, processing and sale of marijuana in Washington, land-use planners in Pullman and Whitman County are trying to figure out where such operations might fit within their existing zoning codes.
County Planner Alan Thomson said he's already fielded three inquiries about possible marijuana processing facilities.
Pullman Planning Director Pete Dickinson said he's had two inquiries, although he wasn't sure if they were considering retail stores or processing plants.
The initial rules proposed by the Washington State Liquor Control Board would permit three marijuana retail outlets in Pullman, plus one more in the county. Individual growers would be limited to 30,000 square feet of production space, with a statewide cap of 2 million square feet. There's no restriction on the number of processing facilities.
Based on the city's existing regulations, Dickinson said, he could simply plug each type of operation into an existing zoning district - allowing retail stores, for example, only in commercial zones, or limiting processing facilities to industrial zones.
Instead, he's recommending that the Pullman City Council impose a six-month moratorium on all marijuana business applications, so the city's planning commission can have time to consider the issue in greater detail. The commission can review which zones would be appropriate for each type of operation, and decide if any additional regulations are needed.
The council is expected to approve the moratorium at its Sept. 24 meeting. The planning commission would then hold a public hearing prior to making any recommendation; the council may or may not hold a hearing before acting on that recommendation.
Although Dickinson was careful not to prejudge the outcome, he said safety and compatibility would be the primary consideration for determining where these facilities should be located.
"The main thing is making sure the uses are compatible with their surroundings," he said. "And any potential location would be reviewed by the affected city departments - most notably the police department."
One option would be to create a special overlay district, similar to way the city handles trailer parks, Dickinson said. They're allowed in the R-2, R-3 and R-4 residential zones, but an extra layer of review is required before they can move forward.
The liquor control board has also proposed that all marijuana operations be located at least 1,000 feet from elementary and secondary schools, libraries, public parks, transit centers, playgrounds, child care centers and recreational facilities.
"That will dictate largely where they're allowed in Pullman," Dickinson said.
The Whitman County commissioners are also considering a potential moratorium, but first they want to know if they have the option to prohibit marijuana facilities entirely.
They discussed the issue with Thomson Monday. He said the answer to that is still unclear. While the U.S. Department of Justice has indicated it won't automatically oppose marijuana sales, it's still prohibited under federal law. That could give the commissioners the justification to impose a ban - although that could well result in a lawsuit.
"The commissioners first need to agree whether this is a legal (activity)," Thomson said following the meeting. "Depending on the answer to that, we can go one of two ways: Either we alter our zoning codes or we don't."
Under current zoning, he said, marijuana production would likely be a permitted use in any agricultural zone - as well as in the corridor zone that borders the Moscow-Pullman highway.
Marijuana retail sales would also likely be a permitted use in the corridor, he said, although he was unwilling to make a final determination.
Marijuana processing is a little trickier, though. If it just involves cleaning and packaging raw product, Thomson said, it could be considered a conditional use in agricultural and possibly the light industrial zones. But if it involves producing marijuana-laced food products or infused oils, then it would probably be restricted to industrial zones.
Thomson's main message to the commissioners was that these questions need to be addressed now, before any applications are submitted. Otherwise the county loses the ability to decide for itself whether any zoning code changes are needed.
"The impetus is for us to beat the first application in the door and preserve our ability to set additional rules," said Whitman County Public Works Director Mark Storey.
The commissioners are tentatively scheduled to hold a workshop with county Prosecutor Denis Tracy next month. They'll get some clarification on their legal options at that time, after which they would decide whether to impose a temporary moratorium.
A county or city moratorium isn't likely to have much delaying effect. The state application period runs from Nov. 18 to Dec. 18, but the liquor control board doesn't expect to issue any licenses for two or three months. Consequently, legal retail sales probably won't begin until next summer.

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My advice to the senior class of Washington State University . . .

"Don't Bogart That Joint, My Friend"
http://www.tomandrodna.com/songs/Dont_Bogart_That_Joint.mp3

Seeya 'round town, Moscow, because . . .

"Moscow Cares" (the most fun you can have with your pants on)
http://www.MoscowCares.com
  
Tom Hansen
Moscow, Idaho

"There's room at the top they are telling you still 
But first you must learn how to smile as you kill 
If you want to be like the folks on the hill."

- John Lennon
 

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